The above-captioned cases were scheduled for hearing on October 4, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Daniel Murphy and Robert Lloyd of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDINGS OF FACT
	During the October 4, 2005 hearing on this matter, the Board was advised that the Applicant and the Tiverton Fire Marshals office had developed a full plan of action covering the above captioned schools.  Specifically, by letter dated August 16, 2005, the Applicant outlined the proposed plan of action.  The above plan was modified, with regard to the Nonquit Elementary School, by letter dated September 9, 2005.  Accordingly, the Board hereby Incorporates the August 16, 2005 correspondence from the Tiverton School Department along with the September 9, 2005 clarification by the Tiverton School Department as its initial findings of fact, and are herein incorporated by reference.  Finally, the Board notes that the Tiverton Fire Marshals office has no objection to the proposed plan of action.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the Applicants above referenced plan of action and grants a time variance in accordance with the terms and conditions outlined in the August 16, 2005 plan of action letter as modified by the September 9, 2005 clarification letter.

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)].