The above-captioned cases were scheduled for hearing before a subcommittee of the Board on July 16, 2009 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Jackson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Scott Perkins, Christopher Heon and David Pimental of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant relief as outlined herein.  The motion was unanimous.
The above recommendation was thereupon presented to the full Board on July 21, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jackson, Preiss, Walker and Jasparro were present.  A motion was made by Commissioner Walker and seconded by Vice Chairman Newbrook to adopt the subcommittees recommendation and to grant the relief therein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 16, 2009 hearing on this matter, the Board was advised that these three (3) separate buildings had two (2) common issues which the Applicant wished to have addressed by the Board.  The Board finds that the first issue was whether gas-fired heaters in the dwelling units would all be required to be protected by additional heat detection.  The second issue involved the provision of heat detectors below any section of the building where cars are located.  Specifically, the Board finds that there are portions of these buildings that are constructed with overhangs creating car ports.  The Board further finds that these car ports are located below certain sleeping areas and other residential occupancies.  Finally, the Board finds that in the event of an automobile fire within a car port, the overhang could also be involved, eventually bringing the fire to the residential portion of this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants Applicant relief in not having to supply each of the gas fired heater units of this facility with separate heat detection.  However, as a condition of this relief, the Board directs the Applicant to provide approved system smokes within the units and to provide additional carbon monoxide detection in those units serviced by gas fired heaters.  The Board hereby grants the Applicant a period of thirty (30) days from the date of this decision in which to develop a plan to implement the above corrections.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan.
	2.  It is the determination of the Board that the cited car port roofs attached to the residential occupancies of this complex could potentially transmit fire to the residential occupancies of the complex.  Accordingly, heat detection seems both necessary and appropriate.  In light of the above, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop plans for the installation of heat detection in the car port areas at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  The Board further grants the Applicant a time variance of an additional 120 days in which to implement the above plans.  Finally, the Board notes that the West Warwick Fire Marshal's office shall have the ability to extend any of the above timelines for good faith efforts shown by the Applicant.

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 subcommittee recommendations within thirty (30) days of the mailing date of this decision by filing an appeal to the entire Fire Board for review, pursuant to R.I.G.L. 23-28.3-5(b)(4).  In the absence of a timely appeal, the subcommittee recommendations shall have the status of a full Board decision.