The above-captioned case was originally scheduled for hearing on March 8, 2005 at 1:00 P.M.  At that time it was determined that the Board would conduct an on-site inspection of this facility.  A sub-committee of the Board consisting of Vice Chairman Coutu, Commissioners Pearson, Preiss, Filippi and Director Coffey toured this facility and developed a plan of action on April 1, 2005.  The plan of action was reviewed by the full Board during the hearing held on April 5, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Pearson, Burlingame, Filippi and O’Connell were present.  The fire service was represented by Chief Robert Lloyd and Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal’s Office.  A motion to accept the subcommittee’s report was made by Commissioner Burlingame and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a July 23, 2004 inspection report compiled by the Tiverton Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshal’s Office during the April 5, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 23, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, 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”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  It is the understanding of the Board that the Applicant has corrected deficiency # 1 by providing the Tiverton Fire Marshal’s office with records outlining fire alarm system maintenance.
	
2.  The Board hereby grants the Applicant a time variance until December 31, 2005 in which to upgrade the fire alarm system of this facility at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.
	
3. – 15.  It is the understanding of the Board that the Applicant has corrected or shall correct deficiencies 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  If any of the above deficiencies are outstanding, the Board directs the Applicant to correct that deficiency on or before December 31, 2005.
	
16.  The Board hereby grants a variance from the provisions of section 23.3.2.2 in order to allow the Applicant to maintain the existing construction of the armory area.  In granting this variance, the Board directs the Applicant to provide the armory with an approved fire damper and an approved domestically supplied sprinkler head, installed at the direction and to the satisfaction of the Tiverton Fire Marshal’s office on or before December 31, 2005.
	
17. – 19.  It is the understanding of the Board that the Applicant has corrected or shall correct deficiencies 17, 18 and 19 at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  If any of these items are outstanding, the Board directs the Applicant to correct that item on or before December 31, 2005.
	
20.  The Board hereby grants a variance from the provisions of section 23.3.2.1 in order to allow the Applicant to correct deficiency #20 at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  Specifically, when the Tiverton Fire Marshal’s office is satisfied that the item is substantially correct by the Applicant, the Board shall also be satisfied.
	
21. – 23.  It is the understanding of the Board that the Applicant has corrected or shall correct deficiencies #21, 22 and 23 at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  In the event any of the above deficiencies are outstanding, the Board hereby directs the Applicant to correct that deficiency at the direction and to the satisfaction of the Tiverton Fire Marshal’s office on or before December 31, 2005.
	
24.  The Board hereby grants a variance from the provisions of section 23.1.6.5 in order to allow the Applicant not to sprinkler the entire facility due to the three (3) prisoner cells within.  In granting this variance, the Board directs the Applicant to provide an approximate two-hour separation between the cells and the remainder of the building, utilizing building construction and domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.  The above domestic sprinkler heads shall be installed to provide coverage within the cell block area and also through the corridor leading to a door directly to the outside.  The Board notes that the domestically supplied sprinkler heads shall not be required to be within the actual cells due to security hardship.  The above correction shall be completed on or before December 31, 2005 at the direction and to the satisfaction of the Tiverton Fire Marshal’s office.

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 Applicant’s 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 Board’s 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 Board’s 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)].