The above-captioned cases were scheduled for hearing on January 9, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board, consisting of Chairman Coutu and Commissioners Richard, Newbrook and Preiss reviewed the request of the Applicant.  The subcommittee recommended approval of the Applicants requested relief.  The subcommittee recommendations were reviewed by the full Board on January 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Newbrook, Pearson, Filippi and OConnell were present.  Commissioners Blackburn and Burlingame recused themselves from consideration of this matter.  A motion was made by Commissioner Newbrook and seconded by Commissioner OConnell to approve the subcommittees recommendation and to provide the Applicant with the requested relief.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The Board finds that the Applicant has installed a new fire alarm system in Residence Hall Building B located at 180 Flagg Street and in Residence Hall Building C located at 2 Complex Road.  The Board finds that the Applicant is requesting relief with regard to the strobe notification appliances in the bedrooms on the 4th level of the above buildings.  The Board finds that the variance request is for relief from the provisions of RI Uniform Fire Code section 13.8.10.5.3 and NFPA 72 section 7.5.4.4.  Specifically, the speaker strobe notification appliances in the sleeping rooms on the top level of the buildings are located less than twenty four (24) inches down from the ceiling.  The candela rating of these strobes is required to be 177 cd in accordance with NFPA 72.  However, the actual rating of the appliances is 110 cd.  The Board further finds that the visual appliances are not required to be installed in all of the sleeping rooms but only those rooms that are designated as hearing-impaired rooms.  The Board finds that the Applicant is requesting to be allowed to maintain the 110 cd speaker strobes to remain on the condition that the rooms would be limited to individuals without hearing impairments.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of RI Uniform Fire Code section 13.8.10.5.3 and NFPA 72 section 7.5.4.4 in order to allow the Applicant to maintain speaker strobe notification appliances in the sleeping rooms at the top level of the building that are located less than twenty-four (24) inches down from the ceilings.  The Board further grants a variance in order to allow the Applicant to maintain the candela rating of the strobes at 110 cd.  As a condition of this variance, it is the understanding and direction of the Board that the 110 cd speaker strobes would remain in rooms that would be limited to individuals without hearing impairments.

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)].