A hearing involving the above-captioned case was conducted on 4/8/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Blackburn, Burlingame and Sylvester.  Also in attendance was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The authority having jurisdiction was represented by Assistant Deputy State Fire Marshal John Reese and Chief Ron Doire of the Middletown Fire Marshals Office.  The Applicant was represented by Mr. Robert Kempenaar.  A motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed unanimously.

TRAVEL OF THE CASE

	1.  The building in question is an existing hotel occupancy that was built in 2013 and has been experiencing numerous fire alarm system false alarm and trouble conditions relating to a carbon monoxide [CO] detector located in the laundry room.
	2.  The Applicant filed an application for variance on February 18, 2014 in accordance with Fire Safety Code Section 6.


RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140027 and are pertinent to the decision rendered:

1.	Middletown Fire Marshals Office letter dated March 5, 2014.
2.	Variance Application 140027 dated February 18, 2014.

FINDINGS OF FACT

	1.  The Board finds that this building is an existing hotel occupancy that was built in 2013.
	2.  The Board finds that the Middletown Fire Department has responded to numerous false alarms and trouble conditions due to the activation of a CO detector located on the ceiling of the laundry room of the facility.
	3.  The Board finds that the Middletown Fire Marshals Office, in conjunction with the facilitys electrical contractor, has determined that the cause of these nuisance alarms is related to the environmental conditions within the laundry room and not an excessive CO level from the gas-fired dryers.

CONCLUSIONS AND VARIANCE REQUESTS

	1.  The Board hereby grants the Applicant a variance from section 29.3.4.6.5(1) to relocate the CO detector located inside the laundry room to the outside of the laundry room entrance within fourteen (14) days from the date of this decision, at the direction and to the satisfaction of the Middletown Fire Marshals Office.
	It is the understanding of the Board in granting the above relief that there is no objection by the Middletown 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)].