The above-captioned cases were reviewed by the Board on July 25, 2006 at 1:00 P.M. pursuant to the request of the Tiverton Fire Chief and the Tiverton Superintendent of Schools.  At that time, Chairman Coutu, Vice Chairman Burlingame, and Commissioners Richard, Newbrook, Preiss and OConnell were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in the above captioned cases as its initial findings of fact in this case.  The Board further finds that the Tiverton Fire Department and the Tiverton School Department have been working closely with each other in addressing the deficiencies within the Tiverton Schools.  The Board further finds that construction has been delayed on at least two (2) occasions due to bidding issues.  The Board further finds that the Tiverton Fire Department and the Tiverton School Department are requesting a continuance of the approved variances for a period of one (1) year.  Finally, the Board finds that the Tiverton Fire Department shall work closely with the Tiverton School Department to provide the students at these facilities with the greatest margin of safety during this period of fire upgrades.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby extends the original deadlines in the above captioned cases by a period of one (1) year in order to bring these facilities into compliance on or before the commencement of the 2007-2008 academic year in September of 2007.

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)].