Over the past four (4) years, the Board has been working with the Applicant and the Newport Fire Marshals Office in the development and implementation of an ongoing program of fire safety improvements in order to bring the Newport Schools into full compliance with the Comprehensive Fire Safety Act of 2003.  The above-captioned cases were most recently scheduled for hearing on January 27, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Clark and Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The Decision below has been subdivided, by school, to reflect the approved January 22, 2009 plan of action developed by the Newport Public School System to address the inspection reports covering the above facilities.  Specifically, the Newport Fire Marshals Office has issued the following inspection reports covering the designated facilities:
August 20, 2008 Report covering	080359		35 Dexter Street
October 2, 2008 Report covering	040323B		27 Narragansett Avenue	
August 15, 2007 Report covering	050248B		90 Harrison Avenue		
October 30, 2008 Report covering 	050249B		15 Wickham Road		
October 3, 2008 Report covering 	040324B		130 Van Zandt Avenue	
October 3, 2008 Report covering	040321B		15 Cranston Avenue		

The above January 22, 2009 plan of action and the above-referenced inspection reports were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the January 27, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the above reports and the January 22, 2009 plan of action as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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 this code, or as approved in particular by the state fire marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
The Board shall maintain this file as an open file for one year from the hearing date and hereby approves the Applicants plan of action as follows:
080359	Sullivan School
1  4.	It is the understanding of the Board that the applicant has corrected deficiencies 1, 2, 3 and 4 to the satisfaction of the Newport Fire Marshal.  Accordingly, the Sullivan School appears to be in compliance.
04323B	Carey Elementary School
1  17.	During the January 27, 2009 hearing, the Board was advised that the Newport School Committee had voted to close this school at the end of the 2008-2009 academic year in June of 2009.  Accordingly, the Applicant requested a time variance on items 1, 3, 8, 9, 10, 11, 14, 15 and 17 until the end of the academic year in June of 2009.  The applicant has corrected items 2, 5, 6, 7, 12, 13 and 16. Finally, the Applicant has corrected item 4 pursuant to a prior variance granted by the Board.  The Board hereby notes the improvements made and grants the Applicant the requested time variance, until the end of the 2008-2009 academic year, in June of 2009, to correct the remaining deficiencies or to follow through on the school committees plan to close this school. 


050248B	Underwood Elementary School
1  15.	During the January 27, 2009 hearing, the Board was advised that the Applicant has requested a time variance on items 1, 3, 5, 6, 7, 8, 9, 10, 11 and 12 until the commencement of the 2009-2010 academic year in September of 2010.  The Applicant has advised that the above deficiencies shall be corrected during the Summer of 2009.  The Applicant has further advised that it has corrected items 2, 4, 13, 14 and 15.  The Board hereby notes the improvements made and grants the Applicant the requested time variance, until the commencement of the 2009-2010 academic year, in September of 2009, to correct the remaining deficiencies.

050249B	Rogers High School
1  11.	During the January 27, 2009 hearing, the Board was advised that the Applicant has requested a time variance on items 1, 5, 6 and 8.  Specifically, the Applicant has advised that Item 1 would be addressed during the February vacation; Item 8 would be addressed by the end of the April vacation; Item 6 would be addressed prior to the commencement of school in September of 2009; and that Item 5 would be completed in the summer of 2010 prior to the commencement of school in September of 2010.  The Applicant has further advised that it has complied with and/or corrected items 2, 3, 4, 7, 9, 10 and 11.  The Board hereby notes the improvements made and grants the Applicant the requested time variances, as outlined above, to correct the remaining deficiencies.



040324B	Coggeshall School
1  12.	During the January 27, 2009 hearing, the Board was advised that the Applicant has requested a time variance on items 1, 2, 5 and 12.  Specifically, the Applicant has advised that these items would be corrected by the commencement of the 2011-2012 academic year in September of 2011.  The Applicant has further advised that it has complied with and/or corrected items 3, 4, 6, 8, 9, 10 and 11.  Finally, the Applicant has corrected item 7 pursuant to a prior variance granted by the Board.  The Board hereby notes the improvements made and grants the Applicant the requested time variance, until the commencement of the 20112012 academic year, in September of 2011, to correct the remaining deficiencies.

040321B	Cranston-Calvert School
1  11.	During the January 27, 2009 hearing, the Board was advised that the Applicant has requested a time variance on items 1, 2, 5, 6, 8 and 11.  The Applicant has requested until the commencement of the 2012-2013 academic year, in September of 2012 to correct the above deficiencies.  The Applicant has further advised that Item 10 would be addressed during the February vacation.  The Applicant has further advised that it has complied with and/or corrected items 4, 7 and 9.  Finally, the Applicant has corrected item 3 pursuant to a prior variance granted by the Board.  The Board hereby notes the improvements made and grants the Applicant the requested time variance, as outlined above, to correct the remaining deficiencies.


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)].