As indicated in the file, a hearing involving the above-captioned property was conducted on September 22, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Peter Marietti, III of the Warwick Fire Marshals Office.
APPLICANT: Interim Superintendent William Holland and Director Peter Laplante.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was initially filed by David Small (Director of Buildings & Grounds) of Warwick Public Schools; 150 Draper Avenue, Warwick, RI 2889 dated January 10, 2006.
3.	The Application was received by the Board and Files  060038 and 060039 opened.
4.	The matter has been before the Board a number of times and was most recently heard by the Board on September 23, 2014 at which time Decisions  060038D and 060039C were issued dated October 3, 2014.
5.	On May 26, 2015 the matter was before the Board for a status hearing at which time ADSFM Peter Marietti, III of the Warwick Fire Marshals Office advised the Board that the documentation of the variance granted in the previous decision was factually incorrect.  Upon review of the audio recording and meeting notes of the September 23, 2014 hearing, Executive Director Burlingame determined that the conclusions were indeed factually incorrect and the decision was amended accordingly.  (See:  Board Rules and Regulations, section 6-2-16).  Amended Decision  060038D and 060039C was subsequently issued dated June 3, 2015.
6.	A subsequent hearing on the Application was conducted on September 22, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  060038E and 060039D and are pertinent to the decision rendered:

1.	Variance Application  060038 and 060039.
2.	Decision  060038A dated October 17, 2007.
3.	Decision  060038B and 060039A dated May 11, 2011.
4.	Decision  060038C and 060039B dated December 4, 2013.
5.	Reschedule Notice dated May 28, 2015.
6.	Amended Decision  060038D and 060039C dated June 3, 2015.
7.	Letter to the Board from Director Laplante dated September 14, 2015.

EXHIBITS

The following documents were presented at the September 22, 2015 hearing as exhibits:

1.	None.
FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The matter was most recently heard by the Board on September 23, 2014 at which time Decision  060038D/060039C was issued dated October 3, 2014.
2.	The Decision was subsequently amended to correct a factual error and was subsequently reissued on June 3, 2015.
3.	The above Amended Decision was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the September 22, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the June 3, 2015 Amended Decision 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.
4.	In the June 3, 2015 Amended Decision, the Applicant was given a time variance until June 1, 2015 to provide a comprehensive plan of action to either close or fully address all outstanding deficiencies in the above two schools.
5.	On September 14, 2015 the Applicant advised the Board that the plan of action is to close both schools prior to September 1, 2016.
6.	There is no objection by the Warwick Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grant a time variance until the end of the 2015-2016 school year to occupy these two (2) buildings as educational occupancies in their existing condition.  In consideration of the relief granted herein, the Board directs the Applicant to maintain all existing life safety systems fully operational in their current status and that upon closure of the schools that the buildings have no further occupancy.

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, is 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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)].