The above-captioned case was scheduled for hearing on August 4, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Jackson, Jasparro, Dias and Filippi were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Jasparro to grant the Applicant relief as outlined herein.  The Board notes that Commissioner Blackburn had to leave prior to the conclusion of this case.  Accordingly, the motion was unanimous by those Commissioners who participated in the final vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 1, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 4, 2009 hearing on this matter.  The numbers of the decision below also correspond with a July 2009 fire inspection corrective plan of action submitted by the parties.  Accordingly, the Board hereby incorporates both the May 1, 2009 inspection report compiled by the State Fire Marshal's office along with the July 2009 fire inspection corrective plan of action submitted by the parties as its initial findings of fact.  Any modification of the Boards 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board would commend both the State Fire Marshal's office and the Applicant for their substantial efforts in developing a plan of action for the safety of the individuals housed within this complex.  During the August 4, 2009 hearing on this matter, the Board established two (2) timetables.  The first timetable related to items 1-29 and the second timetable related to the campsite area listed within items 30 through 33.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action and an additional 120 days to implement that plan of action at the direction and to the satisfaction of the State Fire Marshal's office for the correction of any outstanding items listed within items 1 through 29 of the above referenced reports.  The Board further grants the Applicant a time variance in order to complete the plan of action for the campsite area prior to the use of the stoves during the winter of 2009.  Accordingly, items 30 through 33 shall be corrected prior to the Applicant activating any of the campsite stoves.
	In light of the above, the Board hereby directs the Applicant to correct deficiency 1 by properly illuminating all exterior exits at the direction and to the satisfaction of the State Fire Marshal's office within the first timetable.
	2.  The Board notes that there is no item 2.
	3.  The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the State Fire Marshal's office within the timetables established in item 1 above.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the State Fire Marshal's office.
	6-11.  The Board hereby grants the Applicant the time variance outlined in item 1 in order to correct deficiencies 6, 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the State Fire Marshal's office.
	12-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13, 14, 15 and 16 at the direction and to the satisfaction of the State Fire Marshal's office.  The Board notes that the door cited in deficiency 13 which is no longer designated as an exit shall be provided with a No Exit sign at the direction and to the satisfaction of the State Fire Marshal's office.
	17-19.  The Board hereby directs the Applicant to correct deficiencies 17, 18 and 19 at the State Fire Marshal's office, within the timetables outlined in item 1.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20.
	21.  The Board hereby grants a variance from the provisions of section 39.2.2.3 in order to allow the Applicant to maintain the existing cited handrail.
	22.  It is the understanding of the Board that the Applicant has corrected deficiency 22 at the direction and to the satisfaction of the State Fire Marshal's office.
	23-25.  It is the understanding of the Board that the Applicant has corrected deficiencies 23, 24 and 25 at the direction and to the satisfaction of the State Fire Marshal's office.
	26.  It is the understanding of the Board that deficiency 26 is moot.
	27-29.  During the August 4, 2009 hearing on this matter, the Board advised the Applicant that he needed to develop a study of the dispensing operation for flammable liquids at this facility, and to present that study and a plan of action for the correction of these deficiencies to the State Fire Marshal's office.  The Board further advised the Applicant that he would need an engineers certification of the installation of the tanks, verifying that they were installed in accordance with the code.  The Board notes that the above report and certification shall be provided to the State Fire Marshal's office and the State Fire Marshal's office shall have the authority to accept the above plan of action and certification.
	30-33.  With regard to the campsite area as outlined in item 1, the Board directs the Applicant to bring the wood stoves of this facility into compliance with the code at the direction and to the satisfaction of the State Fire Marshal's office prior to the operation of these wood stoves in the winter of 2009.  The Board notes that part of the training program for the residents of this facility consists of the construction of campsite tents.  However, the Board believes that the applicant can permanently install non-combustible code compliant assemblies for the wood stoves that could later have the tents built around them, allowing for the proper separation from combustible materials.  Finally, the Board notes that the Applicant shall replace all of the Mylar in the fall with an upgraded and approved fire rated material and that the applicant shall provide fire extinguishers at each campsite and in the counselors tents, at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board directs the Applicant to provide approved battery powered smoke and CO detection in every tent and that the wood stoves shall not be operated without prior approval by the State Fire Marshal's office.
	The Board commends both the State Fire Marshal's office and the Applicant for their diligent plan of action to upgrade the wood stove protection in this facility.  The Board notes that permanent non-combustible compliant assemblies, housing the wood stoves and allowing the proper spacing of those wood stoves from the tent, appear to be the best solution in order to allow the Applicant to continue its program of having the residents build the remainder of the facility around this construction.

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)].