The above-captioned cases were originally scheduled for hearing on March 21, 2006 at 1:00 P.M.  At that time, the Board approved the plan of action presented by the Warwick School Department.  A comprehensive Decision, covering the above-captioned facilities, was issued on June 9, 2006.  At that time, the applicant had projected a completion date of approximately five (5) years after funding had been secured (approximately in mid-2012).
	The Applicant returned to the Board on February 15, 2011 to request an extension of the original time variance.  At that time, it was determined that the Applicant should work with the Warwick Fire Marshals Office and develop a new detailed plan of action, with more comprehensive time tables, and return to the Board on April 26, 2011.
	Accordingly, the above-captioned cases were most recently scheduled for hearing on April 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Pearson, Dias, Richard and Preiss were present.  The Applicant was represented by Director of Compliance Rosemary Healey, Esq. and Buildings and Grounds co-Director E. Paul Jansson.  The City of Warwick was represented by City Solicitor Peter Ruggiero, Esq.  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 Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in its June 9, 2006 Decision as its initial findings of fact in this case.  The Board further finds that the City of Warwick as owner, and the Warwick School Committee as the statutory operator, have a shared responsibility to assure the life safety of the students, employees and citizens utilizing these facilities.  The Board further finds that parties have agreed to work closely together to timely fund and implement the plan of action presented to the Board during the April 26, 2011 hearing.  The Board finds that the Applicant has advised it that each of the fire alarm systems in the above-captioned facilities has been upgraded and is in current compliance with the fire code.  The Warwick Fire Marshals Office has advised that it will verify the status of the fire alarm systems.  The Board notes that the reported universal fire alarm upgrade has provided it with a basis for considering the newly requested time extensions for compliance with the remaining provisions of the fire code.
	The Board finds that the Applicants plan of action is divided into three (3) distinct and overlapping phases.  The Board finds that Phase 1, as originally proposed by the Applicant, included a construction schedule over the summers of 2012 and 2013 with conclusion date of September 30, 2013.  The Board further finds that Phase 2, as originally proposed by the Applicant, included a construction schedule over the summers of 2013 and 2014 with conclusion date of September 30, 2014.  The Board also finds that Phase 3, as originally proposed by the Applicant, included a construction schedule over the summers of 2014 and 2015 with conclusion date of September 30, 2015.
	During the April 26, 2011 hearing, the Board found that, in light of the significant time variances previously granted to the Applicant, the above newly proposed construction conclusion dates are not acceptable and should be shortened.  The Board has further determined that the Warwick Fire Marshals Office needs tighter control over these time lines with the ability to turn the entire enforcement of this project over to the State Fire Marshals Office if the Applicant fails to meet any of the extended deadlines, granted by the Board, for the newly proposed three phases.  The Board notes that the State Fire Marshals Office would then have the option of seeking the statutory daily fines from the Applicant and/or the Owner along with the other judicial remedies outlined in R.I.G.L. 23-28.3-9.
	Finally, the Board finds that the City of Warwick and the Warwick School Committee are committed to assuring the life safety of the students, employees and citizens utilizing these facilities.  The Board is therefore hopeful that the parties final plan of action, as modified by the Board and outlined below, will allow the parties to complete this project in a timely manner in accordance with their above commitment to life safety.

CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby re-affirms all prior variances granted in the above-captioned cases with the exception of all previously granted time variances.  All previously granted time variances are now void and hereby replaced by the schedules outlined below.  As a condition of this relief, the Board hereby directs the Applicant to provide the Warwick Fire Marshal with quarterly progress reports on March 31st, June 30th, September 30th, and December 31st of each year until the entire project is completed to the satisfaction of the Warwick Fire Marshal or his designee.
2.	The board hereby approves the proposed Phase 1 of the applicants Fire Code Action Plan  03 Phasing  Financial (submitted by the Applicant and covering the Cedar Hill, Greenwood, Hoxsie, Holliman, Oakland Beach, Pilgrim, Toll Gate and Winman Schools) and hereby grants the Applicant the following time variances for the execution of phase 1:
The Board hereby grants the Applicant a time variance to develop and secure Warwick Fire Marshal approval of its Phase 1 construction documents on or before March 31, 2012.  The Applicant is then granted a time variance, until June 30, 2012, to secure bids and award the project.  The Applicant is then granted a time variance, until September 30, 2012, to complete all of the Phase 1 work and thereby bring all of the above-described Phase 1 schools into full compliance with the Rhode Island Fire Code.  Any contractor awarded the Phase 1 project must also understand that work is to be completed on or before September 30, 2012 and agree to this condition.
In the event that all of the above work is not fully completed by the September 30, 2012 deadline, the Warwick Fire Marshal is hereby granted the discretion to either turn enforcement of this project over to the State Fire Marshals Office for judicial proceedings under RIGL 23-28.3-9 OR if it is determined, in the sole discretion of the Warwick Fire Marshal, that the Applicant has made a good faith effort to bring these Phase 1 schools into compliance, the Warwick Fire Marshal is hereby authorized to allow the Applicant to complete the remaining Phase 1 work within a time frame no later than September 30, 2013.
3.	The Board hereby approves the proposed Phase 2 of the Applicants Fire Code Action Plan  03 Phasing  Financial (submitted by the Applicant and covering the Robertson, Holden, Lippitt, Norwood, Park, Sherman, Aldrich and Veterans Schools) and hereby grants the Applicant the following additional variances for the execution of Phase 2.
The Board hereby grants the Applicant a time variance to develop and secure Warwick Fire Marshal approval of its Phase 2 construction documents on or before March 31, 2013.  The Applicant is then granted a time variance, until June 20, 2013, to secure bids and award the project.  The Applicant is then granted a time variance, until September 30, 2013 to complete all of the Phase 2 work and thereby bring all of the above-described Phase 2 schools into full compliance with the Rhode Island Fire Code.  Any contractor awarded the Phase 2 project must also understand that work is to be completed on or before September 30, 2013 and agree to this condition.
In the event that all of the above work is not fully completed by the September 30, 2013 deadline, the Warwick Fire Marshal is hereby granted the discretion to either turn enforcement of this project over to the State Fire Marshals Office for judicial proceedings under RIGL 23-28.3-9 OR if it is determined, in the sole discretion of the Warwick Fire Marshal, that the Applicant has made a good faith effort to bring these Phase 2 schools into compliance, the Warwick Fire Marshal is hereby authorized to allow the Applicant to complete the remaining Phase 2 work within a time frame no later than September 20, 2014.
4.	The Board hereby approves the proposed Phase 3 of the applicants Fire Code Action Plan  03 Phasing  Financial (submitted by the Applicant and covering the Drum Rock, Francis, Rhodes, Scott, Warwick Neck, Wickes, Wyman and Gorton Schools) and hereby grants the Applicant the following additional time variances for the execution of Phase 3:
The Board hereby grants the Applicant a time variance to develop and secure Warwick Fire Marshal approval of its Phase 3 construction documents on or before March 31, 2014.  The Applicant is then granted a time variance, until June 30, 2014, to secure bids and award the project.  The Applicant is then granted a time variance, until September 30, 2014, to complete all of the Phase 3 work and thereby bring all of the above-described Phase 3 schools into full compliance with the Rhode Island Fire Code.  Any contractor awarded the Phase 3 project must also understand that work is to be completed on or before September 30, 2014, and agree to this condition.
In the event that all of the above work is not fully completed by the September 30, 2014 deadline, the Warwick Fire Marshal is hereby granted the discretion to either turn enforcement of this project over to the State Fire Marshals Office for judicial proceedings under RIGL 23-28.3-9 OR if it is determined, in the sole discretion of the Warwick Fire Marshal, that the Applicant has made a good faith effort to bring these Phase 3 schools into compliance, the Warwick Fire Marshal is hereby authorized to allow the Applicant to complete the remaining Phase 3 work within a time frame no later than September 30, 2015.
5.	As outlined above, the above time variances are also predicated upon the Applicants representations that the fire alarm systems in the above schools have been upgraded and are in compliance with the code.  However, during the April 26, 2011 hearing covering these schools, questions did arise as to the extent of fire alarm coverage.  Accordingly, the Board hereby directs the Applicant to immediately address any outstanding fire alarm issues, at the direction, to the satisfaction and within a timetable established by the Warwick Fire Marshal as a condition of the variances granted herein.

STATUS OF DECISION AND APPEAL RIGHTS
	 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)].