The above-captioned cases were scheduled for hearing on November 27, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Burlingame, Blackburn and Richard were present.  Commissioner Sylvester recused himself from consideration of these cases.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Dias and Walker to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	During the November 27, 2012 hearing on this matter, the Board had before it two (2) inspection reports (12-1172-IS and 12-719-IS) compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the November 27, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the above reports as its initial findings of fact.  The Board further finds that all of the non-fire alarm issues in both facilities have been completed by the Applicant.  The Board further finds that the Applicant is requesting time in order to complete the fire alarm coverage within this complex, in accordance with a plan of action.  	

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this hearing in which to provide the subject facilities with one (1) radio master box to cover both buildings along with two (2) control panels, one in each building, installed at the direction and to the satisfaction of the State Fire Marshals Office.  During this period, the Board further directs the Applicant to repair or remove any non-functioning equipment at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants the Applicant his requested additional time variances for the upgrading of buildings 800 and 900.  Specifically, the Board approves the plan of action to upgrade the fire alarm system on the right side of building 800 within six (6) months of the date of this decision.  The Board further grants the Applicant an additional six (6) month period in which to upgrade the left side of building 800.  The Board grants the Applicant an additional six (6) months in order to upgrade the right side of building 900 and the Board grants the applicant six (6) months in order to upgrade the left side of building 900, at the direction and to the satisfaction of the State Fire Marshals Office.  Accordingly, after the additional two (2) years granted by the Board, the fire alarm systems in both buildings should be in full compliance with the code.
	2.  During the hearing, it was noted that the two (2) deficiencies (12-1434-VN and 12-1454-VN) addressing sprinkler coverage for this complex, were determined to be moot.
	3.  As outlined above, it is the understanding of the Board that all other non-fire alarm related issues outlined in the inspection reports have been corrected by the Applicant, at the direction and to the satisfaction of the State 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 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)].