The above-captioned case was scheduled for hearing on September 12, 2006 
at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Coutu and Commissioners Richard, Preiss and Filippi were present.  Vice Chairman Burlingame recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on September 19, 2006 and approved pursuant to a motion made by Commissioner Newbrook and seconded by Commissioner Filippi.  Both Vice Chairman Burlingame and Commissioner Blackburn recused themselves from this vote.  Accordingly, the subcommittee recommendation now has the status of a full Board decision. 

FINDINGS OF FACT
	Pursuant to a review of the documentation submitted and the testimony during the September 12, 2006 hearing on this matter, the Board finds that this facility can be classified as a five-story non-combustible building with a flat membrane style roof.  The Board further finds that the building design is divided into four (4) separate wings and together these wings create an atrium.  The Board further finds that access to the atrium is only from the first floor level but there are windows overlooking this area from the upper three floors above.  The Board further finds that the overall square footage of the dorm is approximately 89,299 square feet and that this facility has the sleeping accommodations for approximately 222 guests.  
	The Board finds that this facility is equipped with an NFPA 13 sprinkler system in most areas, approved exit signs, and portable fire extinguishers throughout.  The Board further finds that the facility is equipped with a newly installed supervised fire alarm system connected directly to the Kingston Fire Department and the University of Rhode Islands security office.  The Board further finds that the Applicant has speakers/strobe notification appliances in the bedroom of the fourth floor of the residence hall building.  The Board further finds that these speaker/strobe units are approximately sixteen inches down from the installed drop ceiling.  The Board further finds that these strobes are rated at 110 candela whereas the code requires such devices to be rated at 177 candela if they are located within twenty-four (24) inches or less from the ceiling.  Finally, the Board finds that these devices are not technically required, however, they are in place.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.5.3 and NFPA 72 section 7.5.4.4 in order to grant the Applicant a permanent variance on the location of the horn strobes on the fourth floor of this facility.  In granting this variance, the Board notes that these devices are not technically required but they are in place.  The Board further notes that the Applicant had to lower the floor in this area and provide a drop ceiling.  The devices are now located sixteen (16) inches from the drop ceiling rather than the required twenty-four (24) inches.  The above permanent variance would allow the Applicant to leave the 110 candela strobes in place in this area.  The Board notes that the State Fire Marshal's office has reviewed this matter and has no objection to the requested relief.

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)].