As indicated in the file, a hearing involving the above-captioned property was conducted on September 23, 2014 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: Vice-Chairman Blackburn and Commissioners Booth, Jackson, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Peter Marietti, III of the Warwick Fire Marshals Office.
APPLICANT: Superintendent Richard DAgostino and Director Peter LaPlante.

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 October 8, 2013 at which time Decisions  060038C and 060039B were issued dated December 4, 2013.
5.	On August 7, 2014 the Applicant requested that these two files be re-opened for the purpose of requesting an additional time extension.
6.	A hearing on the Application was conducted on September 23, 2014 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 Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.
8.	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).

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  060038D and 060039C 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.	Request for time extension from E. Paul Jannson to the Board dated September (sic) 7, 2014 and filed on August 8, 2014.
6.	Reschedule Notice dated August 20, 2014.

EXHIBITS

The following documents were presented at the September 23, 2014 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 October 8, 2013 at which time Decision  060038C/060039B was issued dated December 4, 2013.
2.	The above Decision was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the September 23, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the December 4, 2013 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.
3.	In the December 4, 2013 Decision, the Applicant was given a time variance until September 1, 2015 to develop a comprehensive plan of action to either close or fully address all outstanding deficiencies the above two schools.
4.	Following the December 4, 2013 Decisions, the Warwick School Committee tabled the plan to utilize the Long Term Planning Committee earlier referenced and instead hire an educational consultant.  A RFP for these services has been issued and is due in late October of 2014.  Once engaged, it is expected that recommendations regarding the two schools will not be available until the summer of 2015.
5.	To date, the Warwick Public Schools has completed fire code improvements to twenty (20) school buildings at a cost in excess of 7,490,000.  The success of completing these projects has been being able to put the projects out to bid in January of the project year with work being done during the summer recess.
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 declines to grant any further time relief and directs the Applicant to return to the Board with a status update for these two facilities on or before June 1, 2015 at which time, upon more specific details being presented, a request for additional time relief will be considered.

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)].