The above-captioned case was scheduled for hearing on June 5, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Pearson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn, Burlingame and Dias.

FINDINGS OF FACT
	During the June 5, 2012 hearing on this matter, the Board was advised and finds that the property located at 22 Arlington Street in Pawtucket, Rhode Island is a 2  story, single family residential property that has been utilized as a residence for priest teachers of St. Raphael Academy.  The Board was further advised and finds that the Applicant wishes to utilize the property for the housing of student teachers.  The Board was further advised and finds that there would be no more than eight (8) student teachers supervised by Providence College in this house.  The Board was further advised and finds that the Applicant is requesting relief from the provisions of section 13.8.9.5.5.2 (local fire alarm system for a rooming house).  
	The Board was further advised and finds that the Applicant has agreed to install hardwired smoke and carbon monoxide detection with interconnected devices with an additional 110 heat detector in the kitchen and an outside horn strobe in lieu of a local fire alarm system.  During the discussion involving this case, the Applicant advised that he had had the option of utilizing a wireless system with a control panel, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office as an alternative system.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance from the provisions of section 13.8.9.5.5.2 in order to allow the Applicant not to provide this facility with a local fire alarm system conditioned upon the Applicants compliance with the directives herein.  As a condition of this variance, the Board directs the applicant to either provide this facility with an approved system of interconnected smoke and carbon monoxide detectors with an additional 110 heat detector in the kitchen and an outside horn strobe in lieu of the local system, or, to provide the above components as part of a wireless system with a control panel installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  In granting this relief, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection.

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)].