The above-captioned cases were scheduled for hearing on October 8, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The subject facilities were previously before the Board and most recently subject to a decision issued on May 11, 2011.  The Board hereby adopts that decision as its initial findings of fact.  In addition, the Board had before it an approved plan of action dated April 18, 2011 which established the timetable for compliance for these schools.  Accordingly, the Board hereby adopts the timetable as its findings of fact.  The Board further had before it a September 26, 2013 letter from the Assistant Director of Construction for the Department of Building and Grounds for the Warwick Public School System.  The Board finds that the Applicant has determined that the Warwick Long Range Planning Committee has been looking at potential school closings due to declining enrollment.  The Board further finds that the Long Range Planning Committee has made preliminary decisions, indicating that two (2) secondary schools could be permanently closed.  The Board further finds that the Warwick School Department has determined that the two (2) most logical schools to close would be the Aldrich and Gorton Junior High Schools.  However, the Board finds that a final decision of the committee would not be made until January of 2014 at the earliest.
	The Board finds that the school consolidation due dates do not allow the architect sufficient time to properly prepare the construction documents for scheduled construction in the summer of 2014.  Accordingly, the Board finds that the Warwick Public School System has requested that the timetable compliance date for Aldrich and Gorton Junior High Schools be postponed for one (1) year to allow the proposed consolidation decisions to be made in an informed and logical manner.  Finally, the Board finds that if either or both of the schools remain open, the required fire improvements would be constructed during the summer of 2015 and that all other school buildings in Phase III would be completed within the original schedule.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  In light of the above findings and submissions by the Warwick School Department, the Board hereby extends the time variances for the Aldrich and Gorton Junior High Schools for one (1) additional year in order to allow the Applicant to properly assess the situation and make timely and cost effective improvements.  Accordingly, the Board accepts the recommendations of the parties and shall allow the Applicant to either close or fully upgrade the above Junior High Schools on or before September 1, 2015.

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)].