The above-captioned case was scheduled for hearing on January 30, 2007 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  By letter dated January 5, 2007, the Exeter Fire Marshal advised the Board of his position on the requested relief.  The Board further verified that the Applicant had only submitted one application covering Building F and that the remaining buildings of this facility would be addressed in the future upon the receipt of separate applications covering each building.  A motion was made by Commissioner Blackburn and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 22, 2004 inspection report compiled by the Exeter Fire Marshals Office.  The deficiencies cited in the above report were reviewed by the Board and the Applicant during the January 30, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the December 22, 2004 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 
	1-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 at the direction and to the satisfaction of the Exeter Fire Marshal's office.  
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the cited emergency lighting in the designated areas including the placement of an additional exterior weather proof head on the exterior of this building, at the direction and to the satisfaction of the Exeter Fire Marshal's office.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to fully correct the above deficiency, at the direction and to the satisfaction of the Exeter Fire Marshal's office.
	12-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 12 and 13.
	14.  The Board hereby grants a variance from the provisions of section 31.1.1.3 in order to allow the Applicant to maintain the existing closet doors located in the stairways of this facility on the condition that nothing shall be permitted in the closets except the existing fire alarm panels, and that the doors shall remain locked.  In granting this relief, it is the understanding of the Board that there is a key to these closets in the Knox Box key safe, and that all other doors within the stairway servicing the apartments are at least twenty-minute rated assemblies.
	15-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 15 and 16 at the direction and to the satisfaction of the Exeter Fire Marshal's office.
	17.  During the January 30, 2007 hearing on this matter, the Board was advised by the Applicant that the Exeter Fire Marshal's office had determined that carbon monoxide detection should be placed in the apartments adjacent to the maintenance shed in Building F.  The Applicant is now seeking relief from the Fire Marshal's requirement to provide the carbon monoxide detection in the adjacent apartments.  The Applicant has advised the Board that there is nothing in the shed that would generate carbon monoxide and the Exeter Fire Marshal's office is in agreement with the above relief and would support a variance provided that the new single-station smoke alarms within this facility have been properly installed in each apartment and that all penetrations from the apartments to the garage have been sealed to his satisfaction and that the owner will not permit the operation of any fuel-burning equipment within the maintenance area.  In light of the Applicants agreement to the above conditions, the Board hereby grants a variance from the provisions of section 31.3.5.1, formal interpretation 04-01(10) and NFPA 72 section 10-6.4 in order to allow the Applicant not to maintain carbon monoxide detection in the apartments adjacent to the cited maintenance shed in Building F.  This variance is granted pursuant to the Applicants agreement to abide by the above conditions at the direction and to the satisfaction of the Exeter Fire Marshal's office.
	18-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 18, 19, 20 and 21 and further adhere to all additional recommendations of the Exeter 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 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)].