The above-captioned case was scheduled for hearing on September 30, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jasparro, Jackson, Blackburn, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Bruce Rice, Robert Emmott and Christopher Heiner of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to grant the Applicant relief over the objection of the Union Fire District Fire Marshal's Office.  The motion was unanimous.

FINDINGS OF FACT
	During the September 30, 2008 hearing on this matter, the Board was advised and finds that the Applicant, as President of the Board of Directors of Camp JORI, has entered a lease agreement whereby the Middlebridge School is occupying the Applicants campsite during off-season months for a residential high school for students with language-based learning differences.  The Board was further advised and finds that the Applicant is proposing to convert the current camp administrators residence, a single-family occupancy, into a girls residence for the school.  This conversion would create a new rooming house occupancy for the proposed eight (8) residents with staff.  The Board further finds that the Applicant is currently addressing the fire safety upgrades deemed necessary to convert the single family residence into a rooming house occupancy.  However, the Board finds that the Applicant wishes to partially occupy this facility during the period the upgrades are being made.  
	The Board finds that additional fire safeguards have been made by the Applicant including, but not limited to, the removal of the stove from this facility and the prohibition against cooking.  The Board further finds that the facility currently maintains a fire alarm system that is municipally supervised.  The Board further finds that the Applicant has installed dual smoke and CO detection in the sleeping rooms of this facility and is further protecting this facility with temporary smoke detection.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the limited occupancy of four (4) students with supervision on the first floor of this facility until the plans have been submitted, approved and all corrections have been made in order to upgrade the occupancy to an approved rooming house occupancy.  As a condition of this variance, the Board directs the Applicant to maintain temporary smoke and CO detection within this facility during the above period of occupancy.  Finally, the Board notes the Union Fire District Fire Marshal's objection to the occupancy of this facility.

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)].