Narragansett Village Condo Association (4 buildings)

The above-captioned cases were scheduled for hearing on June 15, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Walker, Preiss and Filippi were present.  Commissioner Dias recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshal Matthew O'Donnell of the Warwick Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard 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 an initial inspection report dated April 3, 2007 and a follow-up inspection report dated June 11, 2010 and issued by the Warwick Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the June 15, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2007 and June 11, 2010 inspection reports 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 and that all fire alarm systems in this facility have been upgraded, tested and approved at the direction and to the satisfaction of the Warwick Fire Marshal's office.  
	2.  During the June 15, 2010 hearing on this matter, the Board was advised that there remained a question as to the separation of the units and the egress system within the East Building.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing separation throughout the East Building of this complex.  The Board notes that all other buildings have been brought into compliance with regard to the separation and corridor requirements.  Finally, it is the understanding of the Board that the Warwick Fire Marshal's office has no objection to the relief granted for the East Building of this facility with regard to the existing separation.
	3.  It is the understanding of the Board that the Applicant has either corrected deficiency 3 or will immediately correct deficiency 3 at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the installation of emergency lights and exit signage throughout this facility.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plans for the installation of emergency lights and illuminated exit signage throughout this facility.  Finally, the Board notes that the Warwick Fire Marshal's office has no objection to this time variance.

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)].