The above-captioned cases were scheduled for hearing on May 17, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners O’Connell, Filippi, Pearson, Burlingame, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Walter Needham of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Burlingame.

FINDINGS OF FACT
	
During the May 17, 2005 hearing on this matter, the Board was advised and finds through the testimony and documentation submitted by the Applicant that the Authority was asking that these apartments’ smoke detectors be connected to the addressable fire alarm system by using a smoke system detector with a sounder base.  When the device detects smoke, the panel will indicate a supervisory condition and there will be a local audible signal from the sounder base within the individual apartment.  If after a two (2) minute delay, smoke was still detected by the device, the fire department would be notified through a distinct radio master box zone indicating that an apartment smoke detector had been activated.  The system would reset after the required initial two (2) minute timer had expired and reset the fire alarm system and the radio master box.
	
Pursuant to code section 13.8.10.4.2.3, the Authority is requesting to use fixed temperature heat detection with a rating of one hundred thirty five degrees in lieu of the 190-200 degree heat detector.  If this device is activated, it will generate a general alarm.  The Applicant’s variance request is being proposed to maximize the notification process in wooden framed elderly units without degrading the fire department’s operations and equipment.  Upon review of this plan, Assistant Deputy State Fire Marshal Walter Needham advised the Board that he had no objection.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby approves the Pawtucket Housing Authority’s plan of action, as outlined in the findings of fact section above.  In approving this plan of action for use in the above captioned facilities, it is the understanding of the Board that the Assistant Deputy State Fire Marshal for Fire Alarm has no objection.

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)].