The above-captioned cases were originally scheduled for hearing on May 24, 2005 and a decision was rendered in the above cases on July 28, 2005.  The Applicant has returned to the Board with a new plan of action addressing the fire code deficiencies in these facilities.  Accordingly, the Board most recently reviewed these cases on January 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Walker, Jasparro, Preiss, Pearson and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Robert Sullivan and Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in its decision covering file numbers 040321, 040323, 040324, 050248 and 050249 as its initial findings of fact in this case.  In addition, the Board finds that the Sheffield Elementary School, the subject of file number 040322, was closed in June of 2006.  
	The Board further finds that the Newport Public Schools plan of action that was outlined on May of 2005 has been dramatically changed.  The Board further finds that the school district population has declined steadily over the past several years.  The Board further finds that it is now the intention of the Newport Public Schools to construct a new primary K  2 school at the current site of the Underwood School.  The Board further finds that the Thompson Middle School on Broadway is proposed to house the citys third through sixth grades and that the Rogers High School will be reconfigured to established a new seventh and eighth grade middle school and the Rogers High School on the same campus.
	The Board further finds that a new school bond will be voted upon by the taxpayers in November of 2008.  The Board further finds that once the new elementary school is built, the existing five (5) elementary schools in Newport will be closed and returned to the City of Newport.  The Board further finds that the Newport Public School System has already selected an architectural firm for the new school construction.  The Board further finds that, as required by the Board of Regents, Stage I of a two-stage necessity of school construction approval process has been completed.
	The Board further finds that on or about November 19, 2007, representatives of the Newport Public School Department met with Newport Fire Marshal Captain Robert Sullivan and Newport Fire Inspector Lt. Kevin Garcia.  The Board finds that the Newport Fire Marshal's office was advised of the above plan of action and has been working closely with the Applicant in developing interim measures to ensure the safety of these schools.
	The Board finds that several upgrades have already been made at many of the schools at the direction and to the satisfaction of the Newport Fire Marshal's office.  Finally, the Board finds that the parties have returned with a modified plan of action to address the period prior to the voting on the bond issue and the alternatives that will be available to the parties upon either the approval or denial of the bond issue.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board notes that one of the major issues presented in the subject schools was the student occupancy of the basement areas without sprinkler coverage.  In light of the above, the Applicant is requesting relief from providing sprinkler coverage in these areas, on condition that the occupancy would be discontinued at the commencement of the 2008-2009 academic year.  While it was considering the Applicants request, the Board was further advised that the Applicant would provide responsible adult monitors trained in crowd management to monitor the basement cafeterias through the remainder of this academic year.  It is the further understanding of the Board that the Applicant shall comply with any additional safeguards deemed necessary by the Newport Fire Marshal's office to protect the children during this period.  Accordingly, the Board hereby grants the Applicant a time variance to maintain student occupancy in the unsprinklered basement areas of these facilities through the close of the 2007-2008 academic year, terminating in June of 2008.  Again, as a condition of this relief, the Board directs the Applicant to provide any additional safeguards deemed necessary by the Newport Fire Marshal's office.  In accordance with the Applicants plan, there shall be no continued occupancy by students on the basement level after the first day of the 2008-2009 academic year.
	2.  The Board hereby directs the parties to return in November after the bond issue for the construction of new educational facilities has been decided by the voters.  At that time, the Board directs the Applicant and the Newport Fire Marshal to work together in the development of a plan of action and directs the Applicant to present that plan of action to the Board addressing the future use of the subject schools and any time that is needed by the Applicant to complete this plan of action.

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)].