The above-captioned cases were scheduled for hearing on September 18, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Walker, Pearson, Richard, Blackburn and Jasparro were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Nathan Barrington of the Kingston Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining.
FINDINGS OF FACT
	The Board finds that the above facilities are dormitories at the University of Rhode Island.  The Board further finds that these dormitories are equipped with residential stoves that the State Fire Marshal's office has determined are within close proximity to assembly areas within these dormitories.  The Board finds that generally kitchens in covered occupancies are required to comply with NFPA 96 suppression systems.  However, the Board further finds that there is an exception from the NFPA 96 suppression requirements provided that certain conditions are met.  The Applicant and the State Fire Marshal's office are in agreement that three (3) of the four (4) conditions for exemption are met at the University of Rhode Island dorms.  However, the State Fire Marshal's office has noted that the lounge areas within these dormitories are within close proximity to the residential stoves.  Therefore, the State Fire Marshal's office has determined that these stoves would not meet the exceptions to NFPA 96 suppression coverage.  After review of the situation, the Board determined that the State Fire Marshal's assessment was correct.  However, the Board noted that an alternative system of suppression could be installed in conjunction with the University oversight of these areas.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  While the Board has determined that the above residential stoves do not fall within the exceptions to NFPA 96, the Board hereby grants a variance in order to allow the Applicant to protect the above domestic stoves with a simple system of domestic sprinkler coverage in the area of the stoves.  The above system would not require electrical shut-off and the above system would not require fire alarm connection.  In addition to this system, the Board directs that these areas shall be locked and that the resident assistant shall maintain control over the kitchen while it is open to the students.  The above domestic heads shall be provided prior to the commencement of classes in January of 2008.
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)].