The above-captioned case was originally scheduled for hearing on August 31, 2004 and a decision, outlining a plan of action for the facility, was issued on November 10, 2004.  The original decision contained time limits that the Applicant was unable to achieve.  Accordingly, the Applicant has returned to request additional time to complete the plan of action outlined in the original decision in this matter.  The above captioned case was thereupon rescheduled for hearing on August 23, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 23, 2005 hearing on this matter, the Board was advised and finds that the Applicant was unable to meet the original deadline for compliance as directed by the Board in the original decision in this matter.  Accordingly, the Applicant has returned to request a time extension in order to complete its plan of action.  Upon review of the request, the Board determined that the Applicant had made a good faith effort to comply with the original decision and thereupon directed that the original time limits be extended to prior to the opening of school in January of 2006.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby extends the original deadline in this case in order to allow the Applicant to conclude this plan of action for this facility, as directed by the Board, on or before the opening of school in January of 2006.  Specifically, the Applicant is directed to bring this facility into full compliance with the original decision in this matter, at the direction and to the satisfaction of the East Greenwich Fire Marshals office by that date.

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)].