The above-captioned case was scheduled for hearing on August 28, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Jasparro, Filippi and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Jeffrey Lynch and Phillip Simmons of the Portsmouth Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The above facility along with the other Portsmouth schools were the subject of an original decision in file number 050083.  The Board hereby adopts the original findings in file number 050083 as its initial findings of fact in this case.  In addition, the Board finds that the Portsmouth School Department has been unable to comply with the original deadline outlined for the Middle School.  The Portsmouth School Department has hired a project manager and has created a revised timeline for the full sprinkler installation at the Portsmouth Middle School.
	The Board finds that the Portsmouth School Departments timeline for the Middle School is as follows.
	1.  Create AutoCAD drawings for the school  complete.
	2.  Create design documents  complete.
	3.  Complete drawings and specifications  8/14/07 to 9/11/07
	4.  Fire Department and Schools to review submittals  9/11/07 to 10/9/07
	5.  Project manager to make changes (if any)  - 10/9/07 to 10/16/07
	6.  Bid list submitted  10/16/07 to 10/23/07
	7.  Bidders normal time to submit bids  10/23/07 to 11/13/07
	8.  Time frame for installation and testing (12 to 20 weeks)  11/13/07 to 4/08/08

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the above referenced revised timeline for the Portsmouth Middle School sprinkler installation.  In addition, the Board notes that the Portsmouth Fire Marshal's office shall have the authority to extend the timeframe for installation and testing up to the beginning of the 2008-2009 school year for this facility.  

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)].