The above-captioned case was scheduled for hearing on June 27, 2006 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Raymond Bader of the Hope Valley/Wyoming Fire District Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Pearson.
FINDINGS OF FACT
	During the June 27, 2006 hearing on this matter, the Board was advised and finds that this is a one-story wooden structure housing twelve (12) motel units with living quarters.  The Board was further advised that each motel unit has an exit directly to the outside.  The Board was further advised and finds that there is a basement under the living quarters for hot water, heat, utilities and storage.  The Board was further advised and finds that there is no fire alarm system or sprinklers, and that the hotel was most probably built in 1965.
	The Board further finds that the Applicant has been on official notice of the Fire Code deficiencies in this motel for over two (2) years but has failed to bring the facility into compliance.  The Board finds that the original Fire Code inspection was conducted on March 8, 2004 and a copy of the inspection report was sent to the Applicant on March 10, 2004.  The Board further finds that a compliance re-inspection was conducted on April 14, 2004 and, at that time, the Applicant had not corrected the code deficiencies.
	The Board further finds that an official 30 day notice was sent to the Applicant on October 13, 2005 by registered mail and that the Applicant received and signed for that notice on October 20, 2005.  However, the Board finds that, upon re-inspection of the facility on December 22, 2005, the Assistant Deputy State Fire Marshal determined that no attempt had been made to comply with the Fire Code.
	The Board further finds that the Assistant Deputy State Fire Marshal's file in this case was forwarded to Chief of Inspections William Howe on January 21, 2006.  The Board further finds that on February 13, 2006, a representative of the Applicant came to the Assistant Deputy State Fire Marshal's office and advised him that the Applicant would comply and hire a fire alarm company to install the required fire alarm system.  The Board further finds that on February 18, 2006, the Assistant Deputy State Fire Marshal was advised by National Security that they were going to bid for this contract to install a fire alarm system at the Applicants motel.  However, on March 4, 2006, the Applicant advised the fire department that he was going to appeal and the Board finds that as of March 27, 2006, the Applicant had still not made any progress toward the installation of the required fire alarm system.
	The Applicant has advised the Board that he may sell this facility.  However, the proposed sale is tentative and may not be concluded for several months.  In light of the prior notice the Applicant has received, the Board finds that waiting an additional period of months, for a possible sale, is not in the best interest of the life safety of the residents of this facility.  Finally, the Board notes that even if the Applicant sold this facility, he would still be responsible for the statutory fines for non-compliance during the period of time he owned and operated this non-compliant building.
	The Board notes that as an existing building or structure, built before February 20, 2004, this facility is subject to the provisions of the Rhode Island Fire Safety Code addressing existing occupancies.  See generally RIGL 23-28.1-7(b)(3).  The Board further finds that this facility is required to be provided with an approved fire alarm system installed and maintained in accordance with the fire alarm regulations of the Board as outlined in RIGL 23-28.25-1.  The Board further finds that the above general law section required that the fire alarm system be installed on or before July 1, 2005.
	The numbers of the Decision below correspond with those of an April 19, 2004 fire code re-inspection report compiled by the Hope Valley/Wyoming Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Hope Valley/Wyoming Fire District Fire Marshals Office during the June 27, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 19, 2004 fire code re-inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the June 27, 2006 hearing on this matter, the Board was advised that there was no fire alarm system currently located within this facility.  The Board notes that the Applicant had been placed on notice of this deficiency initially on March 8, 2004 and subsequently, on April 19, 2004 pursuant to a re-inspection, and more recently on December 22, 2005 pursuant to another re-inspection.  The Board was further advised that the Applicant had engaged the services of a fire alarm company and developed a plan of action to provide this facility with a fire alarm system, but subsequently chose not to proceed with the installation of a fire alarm system.  To date, it is the understanding and finding of the Board that the occupants of the twelve (12) motel units are not protected by a statutorily required fire alarm system.  The Board notes that in addition to the fire alarm system, approved hardwired smoke and carbon monoxide detection systems should have been installed.
	In light of the above, and the fact that the Applicant has previously developed plans for the installation of a fire alarm system for this facility but failed to do so, the Board hereby grants the Applicant a time variance of ninety (90) days from the June 27, 2006 hearing date in order to install the required fire alarm system within this facility and to further provide each of the residential units of this facility with approved smoke and carbon monoxide detection, installed at the direction and to the satisfaction of the Hope Valley/Wyoming Fire District Fire Marshal's office.  In the event the Applicant installs the above fire alarm system in accordance with the above timetable, the Board notes that the fines for non-compliance, as outlined in RIGL 23-28.3-9, are suspended.  However, if the Applicant fails to comply with this directive, the above fines for this particular deficiency, the absence of the required fire alarm system, shall be calculated back to July 1, 2005.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing each of its employees with approved training as to the emergency procedures covering this occupancy at the direction and to the satisfaction of the Hope Valley/Wyoming Fire District Fire Marshal's office within fourteen (14) days from the date of this hearing.
	3.  The Board hereby directs the Applicant to advise each of its employees and responsible management as to the emergency duties required of them, at the direction and to the satisfaction of the Hope Valley/Wyoming Fire District Fire Marshal's office within fourteen (14) days of the date of this hearing.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by repairing and/or upgrading the electrical lines and equipment within this facility in accordance with the National Electric Code at the direction and to the satisfaction of the Electrical Inspector and the Hope Valley/Wyoming Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing approved fire extinguishers in the basement and the laundry room area.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by either providing the cited curtains and loose draperies in the motel rooms with an approved fire rated spray or to remove the same at the direction and to the satisfaction of the Hope Valley/Wyoming Fire Marshal's office within fourteen (14) days of the date of this decision.
	7.  During the June 27, 2006 hearing on this matter, the Board was advised that the Applicant maintains a substantial amount of combustible storage along with other fire hazards within this facility and that many of the battery-powered detectors within this facility are inoperable.  Accordingly, the Board hereby directs the Applicant to remove all combustible storage and other fire hazards from this facility and to further provide approved battery powered smoke detection with the residential units of this facility, at the direction and to the satisfaction of the Hope Valley/Wyoming Fire Marshal's office within fourteen (14) days of the June 27, 2006 hearing on this matter.

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)].