The above-captioned case was scheduled for hearing on April 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jackson, Sylvester, Burlingame and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal James Given of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over three (3) opposition votes.

FINDINGS OF FACT
	During the April 24, 2012 hearing on this matter, the Board was advised and finds that the Applicant sought a variance from the provisions of section 10.11.7 in order to be allowed to utilize gas-fired grills on the balconies of this facility.  The Board was further advised and finds that the Applicant is in the process of re-siding the entire complex and that the siding employed is the Apex Ultra Siding System.  The Board was further advised and finds that the ignition point of this material is approximately 788 degrees F with an ignition source which exceeds the temperatures attainable by the traditional gas grill.  The Board was further advised and finds that in addition, the siding is installed with a  inch gap between the siding and the actual structure to permit the wicking and draining of moisture.  The Board was further advised and finds that this process will also minimize the risk of heat transfer.  The Board was further advised and finds that the decking is Timbertech Fire Resistant Decking with a Class B flame spread rating and that the railings are metal with white powder coat.
	In addition, the Board was advised and finds that the Applicant will be applying Flame Stop 1 DS and Flame Stop 11 as appropriate to all siding and decking to a height of six feet to all adjacent surfaces.  The Board was further advised and finds that this product is Class A rated and will be reapplied by an association-wide program in two-year cycles for the Flame Stop 1 DS and  in five-year cycles for the Flame Stop 11. 
	The Board notes that during the April 24, 2012 hearing on this matter, the Narragansett Fire Marshals Office asked for additional safeguards to be applied in this case.  Initially, the Office would have the condo association oversee the installation and placement of all of the gas grills throughout this complex to ensure that they are always maintained against the outer steel rails away from the building or at a location deemed satisfactory by the Narragansett Fire Marshals Office.  The Narragansett Fire Marshal would also request that every five (5) years he be provided with certification of the re-coating of the Flame Stop material.  In light of the above, the Narragansett Fire Marshals Office has advised the Board that he is comfortable with the safeguards presented by the Applicant.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 10.11.7 and its referenced standards in order to allow the Applicant to maintain gas grills on the decks of this complex in accordance with the plan of action outlined in the Boards findings of fact above.  The Board further directs the condo association to oversee the installation of each gas grill to ensure its proper placement and to further oversee the continuous reapplication of the Flame Stop materials outlined above with certification being presented to the Narragansett Fire Marshals Office every five (5) years.  

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)].