The above-captioned cases were scheduled for hearing on March 21, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson, Burlingame and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Bradley of the Warwick Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with a January 19, 2006 matrix of typical fire code deficiencies covering the above captioned facilities.  The above matrix was prepared by the Warwick School system in conjunction with the Warwick Fire Marshals Office.  The following specific inspection reports were prepared by the Warwick Fire Marshals Office and also considered by the Board in this case.  The September 19, 2005 inspection report covering the fire code deficiencies at the Cedar Hill Elementary School.  The September 14, 2005 inspection report covering the fire code deficiencies at the Warwick Veterans High School.  The September 30, 2005 inspection report covering the fire code deficiencies at the Drum Rock Elementary School.  The August 30, 2005 inspection report covering the fire code deficiencies at the John Brown Francis Elementary School.  The September 7, 2005 inspection report covering the fire code deficiencies at the John Greene Elementary School.  The September 19, 2005 inspection report covering the fire code deficiencies at the Greenwood Elementary School.  The August 31, 2005 inspection report covering the fire code deficiencies at the Randall Holden Elementary School.  The August 30, 2005 inspection report covering the fire code deficiencies at the Holliman Elementary School.  The September 14, 2005 inspection report covering the fire code deficiencies at the Lippitt Elementary School.  The August 31, 2005 inspection report covering the fire code deficiencies at the Hoxsie Elementary School.  The August 31, 2005 inspection report covering the fire code deficiencies at the Norwood Elementary School.  The September 8, 2005 inspection report covering the fire code deficiencies at the Oakland Beach Elementary School.  The September 14, 2005 inspection report covering the fire code deficiencies at the Park Elementary School.  The September 28, 2005 inspection report covering the fire code deficiencies at the Potowomut Elementary School.  The August 31, 2005 inspection report covering the fire code deficiencies at the Rhodes Elementary School.  The September 19, 2005 inspection report covering the fire code deficiencies at the Robertson Elementary School.  The September 28, 2005 inspection report covering the fire code deficiencies at the Scott Elementary School.  The September 8, 2005 inspection report covering the fire code deficiencies at the Sherman Elementary School.  The September 7, 2005 inspection report covering the fire code deficiencies at the Warwick Neck Elementary School.  The September 14, 2005 inspection report covering the fire code deficiencies at the Wickes Elementary School.  The August 30, 2005 inspection report covering the fire code deficiencies at the Wyman Elementary School.  The August 31, 2005 inspection report covering the fire code deficiencies at the Aldrich Junior High School.  The September 7, 2005 inspection report covering the fire code deficiencies at the Gorton Junior High School.  The February 22, 2005 inspection report covering the fire code deficiencies at the Winman Junior High School.  The August 31, 2005 inspection report covering the fire code deficiencies at the Pilgrim High School.  The September 30, 2005 inspection report covering the fire code deficiencies at the Toll Gate High School.  Finally, the Applicant provided the Board with a prioritized plan of action for the completion of this project.  The plan of action was dated January 11, 2006 and indicated that the school department would be able to bring these facilities into full compliance approximately five (5) years after the approval of a municipal bond in November of 2006.  In considering the Applicants timetable, the Board did note that the corrections to these facilities were to be made within the approved timetable even if the bond issue did not pass.
	In light of the above, the Board hereby adopts the January 11 matrix, the above Warwick Fire Marshal inspection reports and the January 11 timetable request of the Applicant as its initial findings of fat for these facilities.  Any modification of the Boards findings, such as a denial of a requested variance, 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, 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby directs the Applicant to correct deficiency 1 by providing the required door closers within each of the subject facilities, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The above door closers shall be installed in accordance with the timetables outlined in item 16 below.
2.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, to bring all of the cited corridor doors and enclosures into compliance with the code, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  Specifically, the Applicant is required to provide the approved door jambs with rated doors and to further eliminate any unprotected glass unless the areas are sprinklered at the direction and to the satisfaction of the Warwick Fire Marshals Office.  If alternate protection for any of the cited corridor doors and assemblies is acceptable to the Warwick Fire Marshals Office, it shall be deemed acceptable by the Board.
3.	The Board hereby directs the Applicant to correct deficiency 3 by properly rating the storage rooms of this facility, at the direction and to the satisfaction of the Warwick Fire Marshals Office within the timetables outlined in item 16 below.  The Board further notes that any alternative safeguards for these areas, deemed acceptable by the Warwick Fire Marshals Office, may be utilized by the Applicant.
4.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to upgrade the boiler room ratings of these facilities, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
5.	The Board hereby grants a variance as outlined in item 16 below, in order to upgrade the hazard areas of this facility, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
6.	The Board hereby grants the Applicant a time variance as outlined in item 16 below, in order to provide approved separation of the occupancies of these facilities, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
7.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to provide an approved rating of the stair enclosures and other vertical openings throughout these facilities, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
8.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to provide the subject facilities with approved egress windows at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Board notes that in such schools as Windman and Tollgate, the interior rooms without windows shall either be brought into compliance with an alternative approved by the Warwick Fire Marshals Office or the use as classrooms shall be abandoned.  The remaining schools may be protected by sprinkler coverage systems.
9.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to address the dead end corridors within these facilities, by either eliminating these areas at the direction and to the satisfaction of the Warwick Fire Marshals Office, or by providing these areas with approved full and/or limited sprinkler coverage, at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Board notes that the Applicant is to further abandon any library use of corridors within these facilities by either reconfiguring the corridor walls to seal off the library use, or by removing the tables and chairs from the corridors.
10.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to bring the cooking facilities into compliance with the code or to eliminate their use at the direction and to the satisfaction of the Warwick Fire Marshals Office.
11.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to provide these facilities with approved subdivision compartments by smoke petitions, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
12.	The Board hereby grants the Applicant a time variance as outlined in item 16 below, to bring the means of egress lighting within this facility into compliance with the code, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
13.	The board hereby grants the Applicant a time variance as outlined in item 16 below, in order to provide the subject facilities with approved upgraded fire alarm coverage, installed at the direction and to the satisfaction of the Warwick Fire Marshal and Warwick Fire Alarm Superintendent.
14.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to provide approved sprinkler coverage in those buildings where it is deemed necessary under the code.  The above sprinkler coverage shall be installed at the direction and to the satisfaction of the Warwick Fire Marshals Office.
15.	The Board hereby grants the Applicant a time variance, as outlined in item 16 below, in order to properly swing all of the doors throughout these facilities, at the direction and to the satisfaction of the Warwick Fire Marshals Office.
16.	The Board hereby adopts the Applicants attached January 11, 2006 letter outlining the proposed five priority construction timetable for bringing these facilities into full compliance with the code.  Specifically, the Board approves the priority 1 timetable of three (3) years for the installing and upgrading of the fire alarm systems and the installing of all automatic fire suppression and sprinkler systems.  Accordingly, the Applicant shall have until the commencement of school for the 2010-2011 academic year in which to provide all of the subject facilities with approved fire alarm coverage and approved sprinkler coverage.
	The Board notes that priority 2 shall cover the upgrades to all of the emergency lighting, exit lighting and exterior means of egress lighting.  The Board hereby reaffirms that the Applicant shall have until the commencement of the 2010-2011 academic year in order to complete all priority 2 items.
	The Board notes that priority 3 items would include means of egress upgrades, corridor doors, door closers, stairwell fire ratings and dead end corridor issues.  The Board notes that the Applicant is requesting five (5) years to complete the priority 3 items.  Accordingly, the Board reaffirms that the Applicant shall have until the commencement of the 2012-2013 academic year in order to complete all priority 3 items.
	The Board notes that priority 4 would include occupancy separation, building subdivision, protection of the boiler rooms and storage rooms.  The Board notes that the Applicant has requested five (5) years in order to bring the above items into compliance.  Accordingly, the Board reaffirms that the Applicant shall have until the commencement of the 2012-2013 academic year in which to correct all priority 4 items within these subject facilities.
	The Board notes that priority 5 items are all of the miscellaneous items not listed in the above four priorities and that the Applicant has requested five (5) years in order to complete all of the remaining items as outlined in the above captioned deficiency reports.  Accordingly, the Board reaffirms that the Applicant shall have until the commencement of the 2102-2013 academic year in which to correct all of the remaining deficiencies noted on the above references inspection reports that are outstanding.
17.	The Board shall hereby maintain these files open until the commencement of the 2006-2007 academic year in September of 2006.  Accordingly, the Board directs that the Applicant and the Warwick Fire Marshals Office must file any outstanding variance requests, or requests for clarification, or requests for extensions, with in on or before the commencement of the 2006-2007 academic year.

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)].