The above-captioned cases were scheduled for hearing on December 12, 2006 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, OConnell and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan Smith of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 12, 2006 hearing on these facilities, the Board had before it three (3) inspection reports dated September 1, 2006 covering each of the facilities.  The Board was further advised that the Applicant sought a time variance in which to bring these facilities into full compliance with the fire code.  Specifically, the Applicant has agreed to work with the Narragansett Fire Marshal's office in developing and implementing a written policy directing that all classroom and other doors remain closed pursuant to the guidelines established in that policy.  The above written policy would be completed by the Applicant within thirty (30) days of the date of this hearing.  The Applicant further requested a time variance until September 1, 2007 in order to install the required door closers on all of the subject egress system doors, and the Applicant further requested a time variance until September 1, 2008 in order to provide all three (3) facilities with approved sprinkler coverage, at the direction and to the satisfaction of the Narragansett Fire Marshal's office.  The Board finds that all other deficiencies either have been corrected or shall be corrected by the Applicant as part of the above plan of action.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  As part of its plan of action for this facility, the Board directs the Applicant to work closely with the Narragansett Fire Marshal's office in developing an approved written policy for all Narragansett schools indicating that the classroom doors shall remain closed at all times and that no doors shall be chocked open.  
	2.  The Board hereby grants the Applicant a time variance until September 1, 2007 in order to provide all of the classroom doors within all of the subject schools with approved self-closers, installed at the direction and to the satisfaction of the Narragansett Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance until September 1, 2008 in order to provide the above schools with approved sprinkler coverage, installed at the direction and to the satisfaction of the Narragansett Fire Marshal's office.  

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)].