The above-captioned cases were scheduled for hearing on July 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Chief of Inspections Scott Caron along with representatives of the Cranston Fire Department.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.
FINDINGS OF FACT
	During the July 26, 2011 hearing on this matter, the Board had before it a plan of action to secure and decommission the fire protection systems within the above-captioned facilities that are either vacated or in the process of being vacated.  The Applicant has advised, and the Board finds, that this action is necessary because the steam lines, providing heat to these former detention and correctional buildings, are in a state of severe disrepair and that the buildings are further slated for eventual sale and/or demolition. 
In any event, the Board finds that the detention and correctional occupancy of these buildings has now been abandoned and that the majority of these buildings are either completely vacant or are being used temporarily for more limited uses such as storage.  The Board finds that none of these buildings shall be open to the public and that the physical security measures currently in place should prevent access by anyone other than authorized personnel.  This was confirmed by the Board when, at the invitation of the Applicant, several Board members, along with members of the State and Cranston Fire Marshals Offices, previously toured the subject complex. 
The Board further finds that, with the temporary exception of buildings 165 and 17 (which shall maintain their current systems while occupied) the Applicant shall vacate, secure and remove all storage from the remaining buildings.  The Board further finds that many of the buildings were only required to have sprinkler coverage under the former detention and correctional occupancy.  The Board further finds that several of the smaller buildings may also not be required to maintain fire alarm systems in the absence of a detention and correctional occupancy classification. 
The Board further finds that it has precedent for the review it is now being asked to undertake.  Specifically, in 2009, the Board issued a Decision approving the decommissioning of the fire protection systems within the five (5) story former power plant, known as Building 111Pastore Complex.  The Board notes that the decommissioning of the fire protection systems therein was coordinated with the State and Cranston Fire Marshals Offices. 
The Board further takes administrative notice that the hearing, immediately preceding this case, involved the requested decommissioning of a privately-owned multi-story mill complex maintaining a total area of approximately one quarter million square feet. (File No. 110120334 Knight Street).  In that case the Board granted relief in light of the fact that the complex had been damaged and vacated due to the historic flooding and the Warwick Fire Marshals Office had no objection to a similar plan of action involving securing the complex and maintaining security patrols.  
	The Board finds that the Applicants Plan of Action is to utilize the existing security fence to keep the public out of the complex and lock each building down with the same provisions that were used to keep the detainees within the buildings.  The Board further finds that, according to the plan, all combustible and hazardous materials shall be removed and the cell block doors (and cells) shall be locked down to ensure the building is secured.  The Board further finds that the plan calls for all windows, not rated for detention purposes, to be secured with plywood. 
	The Board finds that the Applicant shall maintain the fire protection systems in buildings 165 and 17 until such time as the limited operations therein are relocated.  The Board finds that, under the Applicants plan, exterior doors of the remaining buildings in the complex shall be marked appropriately with signage approved by the Cranston Fire Department and/or the State Fire Marshals Office.  The Board further finds that the plan requires the posting of the decommissioned buildings on all exterior gates.  The Board finds that the decommissioned buildings shall not be re-utilized or re-occupied  for any other purpose unless the building has been declared habitable or usable by the appropriate regulatory agencies including the State Fire Marshals Office.  The Board finds that the subject buildings, with the exception of buildings 165 and 17, shall be emptied and vacated within thirty (30) days.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a time variance of one year, to allow the DCYF to discontinue fire protection services to the above-captioned buildings, in accordance with the Applicants Plan of Action as outlined above.  At the end of the one (1) year period, the parties are requested to report back and provide the Board with a status report.  At that time, the Board will determine whether the above variance should be extended.  The Board notes that this variance does not extend to Buildings 165 and 17 which shall be allowed to maintain the above-described limited occupancy and the existing fire protection systems until fully vacated.  As a condition of this relief, the Board directs the Applicant to maintain the perimeter fencing and to further provide the State Fire Marshals Office with a log of the roving security force assigned to patrol this complex four (4) times per day.   
	In granting this relief, the Board recognizes that the Cranston Fire Marshals Office has expressed a number of concerns which shall be addressed at this time.  The Board notes that the Cranston Fire Marshal is concerned that security for this complex will only exist for a short time and then be forgotten.  This is a legitimate concern and this is the reason that the Board has directed the Applicant to provide four (4) daily roving patrols with a log book made available to the State Fire Marshals Office. 
The Board further notes that the Cranston Fire Marshal is concerned about the presence of unauthorized people in the subject buildings.  The Board notes that it is highly unlikely that unauthorized people will access this former detention complex.  First, it is completely surrounded by very high fence with a hydraulically controlled gate system.  Second, the majority of the individual buildings are hardened and secured for both entry and exit.  Third, even if someone did enter, the fire load has been removed. Fourth, the buildings and the gates will all be properly posted for the responding firefighters.  The hazards cited in the examples referenced by the Cranston Fire Marshals Office simply do not exist in this case.  
With regard to the issue of fairness, the Board notes that both the Cranston and State Fire Marshals Offices have previously approved and/or supervised the decommissioning of the fire protection systems in other vacant building(s).  A recent example of this was the above-referenced five (5) story power plant (Building 111Pastore Complex).  Privately owned and vacated buildings have also been authorized by the Board to be secured without the maintenance of fire protection systems.  The most recent example of this was the above-referenced mill complex located at 334 Knight Street in Warwick.  Accordingly, the Board notes that its approval of the decommissioning of fire protection systems in vacated buildings, with the proper safeguards in place, is not limited to publicly-owned properties.    

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)].