The above-captioned cases were scheduled for hearing on June 26, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Jasparro, Walker, Pearson and Filippi were present.  Commissioner Preiss recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshals Conway, Susi, Walsh, Gendreau and Pratt.  A motion was made by Commissioners Blackburn and Jasparro and seconded by Commissioners Pearson and Newbrook to approve the School Departments plan of action for these schools as outlined below and to grant a time variance until the beginning of the 2008-2009 academic year to implement the plan.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby relies on its original findings of fact in the above captioned cases filed in 2005.  In addition, the Board hereby incorporates as its follow-up findings of fact an August 17, 2006 inspection report covering the North Cumberland Middle School, file number 070321, along with a July 31, 2006 inspection report, covering the Community School, located at 15 Arnolds Mills Road, and identified as file number 070322.  The Board further finds that the Applicant has developed a comprehensive plan of action for addressing all of the remaining deficiencies within these schools on or before the commencement of the 2008-2009 school year.  Finally, the Board finds that the Applicant has requested certain structural variances in some of these schools, with the approval of the Fire Marshal who inspected the school.  
	
CONCLUSIONS AND VARIANCE REQUESTS 
Ashton School  130 Scott Road

	1.  The Board hereby grants a time variance until the commencement of the 2008-2009 academic year in which to allow the Applicant to provide the cited doors with approved closers and to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal.  The Board further grants a variance in order to allow the Applicant to correct the louvers in the classroom doors, at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal within the above time period.  The Board hereby notes that if the cooking appliances within this facility do not generate grease-laden vapors but only re-heat food, the Applicant would not be required to comply with NFPA 96 hood and duct suppression.

	2.  The Board hereby directs the Applicant to correct the remaining deficiencies at the Norton School (364 Broad Street), the Garvin Memorial School (1364 Diamond Hill Road) and the Highland Avenue Middle School (45 Highland Avenue) at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal, on or before the commencement of the 2008-2009 academic year.

	3.  With the exception of those items listed below, the Board hereby directs the Applicant to correct the remaining deficiencies at the Cumberland High School (2600 Mendon Road) and the Transitional Building (2602 Mendon Road) at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal on or before the commencement of the 2008-2009 academic year.
	The Board hereby directs the Applicant to correct the stairway railings on the three (3) stairways servicing the library of this facility, at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal, on or before the commencement of the 2008-2009 academic year.  The Board hereby grants a variance in order to allow the remaining handrails on the existing stairs, provided that the Applicant infill the guardrail spacing, at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal, on or before the commencement of the 2008-2009 academic year.  Finally, it is the Boards understanding and direction that the new handrails on the new stairs will be in full compliance with the code.

Cumberland Hill School (205 Manville Hill Road)
	4.  The Board hereby grants the Applicant a time variance in order to bring the Cumberland Hill School into full compliance with the fire code, at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal, on or before the commencement of the 2008-2009 academic year.
	
North Cumberland Middle School (400 Nate Whipple Highway)
	5.  The Board hereby directs the Applicant to bring the North Cumberland Middle School into full compliance with the fire code, prior to the commencement of the 2008-2009 academic year.  As part of the above compliance, the Board directs the Applicant to provide those doors, designated by the Assistant Deputy State Fire Marshal, with approved magnetic hold-open devices by the above deadline.

Community School (15 Arnold Mills Road)
	6.  The Board hereby grants the Applicant a time variance in order to bring the Community School into full compliance with the fire code on or before the commencement of the 2008-2009 academic year, at the direction and to the satisfaction of the Assistant Deputy State Fire Marshal. 
	7.  The Board hereby shall maintain this file as an open file, in the event the Applicant or the fire service has any additional questions, need further clarification or relief.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].