The above-captioned cases were scheduled for hearing on March 19, 2009 at 9:30 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Jasparro and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshal's Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations were thereupon presented to the full Board on March 24, 2009.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Walker, Filippi and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Filippi.  The motion was unanimous to grant the Applicant relief as outlined herein.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of five (5) separate inspection reports dated August 16, 2005 and compiled by the Cumberland Hill Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the March 19, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 16, 2005 inspection reports 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants a variance from the provisions of section 7.1.3.2.1 and its referenced standards in order to allow the Applicant to maintain the existing cited electrical panels and electrical equipment within the enclosed stairways of this building.  This variance is granted to all five (5) buildings on the basis of structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 7.5.1.3.1 in order to allow the Applicant to maintain the existing cited primary and secondary means of egress from this facility.  Again, this variance is based upon structural hardship of an existing condition.
	3-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, 6 and 7 within all five buildings, at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's office.
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 subcommittee recommended Decision within thirty (30) days of the mailing date of this decision by filing an appeal to the entire Board for review pursuant to R.I.G.L. 23-28.3-5(b)(4).  In the absence of a timely appeal, the subcommittee recommendations shall have the status of a full Board Decision.