The above-captioned cases were scheduled for hearing on September 15, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Dias, Walker and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Norman Mainville of the Harrisville Fire District Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
Based upon the May 28, 2009 submission by the Harrisville Fire District Fire Marshal's office, along with the testimony taken during the September 15, 2009 hearing on this matter, the Board makes the following findings of fact.  The Board finds that the subject facilities consist of a main office building and seven (7) four-unit apartment buildings.  The Board finds that this complex further maintains three (3) sixteen-unit residential buildings that were not before it during the September 15, 2009 hearing.
The Board finds that there is only one issue with the administration building and the Board finds that the issue is that the door leading to the boiler room swings opposite to the direction of egress travel.  The Board further finds that if this door were turned around, it would swing directly into egress utilized for other parts of the building thereby blocking the means of egress for other people trying to escape.  The Board further finds that in light of the minimal occupancy of the boiler room area, that the Harrisville Fire District Fire Marshal's office has no objection to the Board granting a variance to allow this condition to be maintained.
The Board finds that the second issue before it involves the requested relief for fire/smoke detection located in the crawl space beneath these buildings.  Specifically, the Board finds that the crawl space is approximately 25 square feet in area and utilized only to access pipe chases throughout the complex.  The Board finds that there is only one (1) light bulb in this area and that there is no access to these areas other than through the maintenance staff of the facility.  In light of the above, the Board finds that the Harrisville Fire District Fire Marshal's office has no objection to the requested relief provided there is no storage of any kind allowed in this area.  Finally, it is the understanding of the Board that the Applicant is requesting a time extension to upgrade the municipal alarm capacity of this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 14.5.1.3 in order to allow the Applicant to maintain the existing swing of the cited boiler room door within the administration building of this complex.  This variance is based on structural hardship and the absence of an objection by the Harrisville Fire District Fire Marshal's office.  The Board notes that re-swinging the door could impede the egress travel for the remainder of this facility.
	2.  The Board hereby grants a variance from the provisions of section 13.8.10.4.2.2 in order to allow the Applicant not to provide detection in the cited 25 square foot crawl spaces under these facilities.  In granting this variance, the Board notes that these spaces are limited to maintenance staff and that they shall not be utilized for storage of any kind.
	3.  The Board hereby grants the Applicant a time variance of one (1) year from the date of this decision in which to upgrade the municipal alarm capacity of this complex, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's office in accordance with the provisions of the State Fire Code.  The Board hereby grants the Harrisville Fire District Fire Marshal's office the authority to extend the above deadline for good faith efforts being 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 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)].