The above-captioned cases were scheduled for hearing before a subcommittee of the Board on January 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.

The above recommendations were thereupon presented to the full Board on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Preiss, Jasparro, Dias and Pearson were present.  A motion to approve the subcommittee recommendations was made by Commissioner Jasparro and seconded by Commissioner Pearson.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 9, 2008 inspection report compiled by the Cumberland Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the January 19, 2011 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the May 9, 2008 inspection report 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 hereby grants the Applicant a time variance until January 1, 2012 to re-key the cited manual fire alarm boxes within this complex.  In granting this relief, the Board notes that there are approximately fifty (50) pull stations involved in this conversion and that the Cumberland Hill Fire Marshals Office has no objection.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing fire alarm mini horns in the bedrooms of the apartments within this complex.
	3.  The Board hereby grants a variance from the provisions of NFPA 72 section 5.12.4 in order to allow the Applicant to maintain the existing cited manual fire alarm boxes at their current locations.  In granting this relief, it is the understanding of the Board that the Cumberland Hill Fire Marshals Office has no objection.
	4.  The Board also grants a variance from the provisions of NFPA 72 section 5.12.6 again to allow the Applicant to maintain the existing cited manual pull stations at their current locations.  In granting this relief, it is the understanding of the Board that the Applicant maintains pull stations at each exit door and that the Cumberland Hill Fire Marshals Office has no objection.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by upgrading the smoke detection within this complex, at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by blocking off the cited closets under each stairway at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by installing approved self-closers on the apartment doors at the direction and to the satisfaction of the Cumberland Hill Fire Marshals 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 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).