The above-captioned case was scheduled for hearing on March 14, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Choiniere of the Warwick Fire Alarm Superintendents Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard 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 November 23, 2004 fire alarm plan of action prepared by AAA Alarms and Fire Protection of West Warwick.  The above November 23, 2004 plan of action was utilized by the Board, the Applicant and the Warwick Fire Alarm Superintendents office during the March 14, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the November 23, 2004 fire alarm plan of action 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the March 14, 2006 hearing on this matter, the Board was advised that the subject facility did not have mini-horns in each sleeping room as currently required by the fire alarm code.  The Applicant has proposed an alternative measure of providing ADA compliant horn strobes within the common hallways in order to provide the required sound levels within the adjoining bedrooms.  The Board hereby grants a variance from the provisions of section 13.7.1.1.1.1(j) and its referenced standards in order to allow the Applicant relief from having to provide each of the sleeping rooms of this complex with a mini-horn and instead providing ADA compliant horn strobes within the common hallways as along as the common hallway horn strobes provide at least 75 decibels within each of the bedrooms within this facility.  As a condition of this variance, the Board directs that the Applicant shall have an independent engineer test and verify that each of the bedrooms within this complex are provided with at least 75 decibels under the alternative system and this documentation shall further be stamped by a licensed Rhode Island engineer.
	2-4.  As an alternative to the requested relief of items 2, 3 and 4, the Board hereby grants the Applicant a time variance in order to convert the system from the current Romex wiring to Class A wiring, but not require that wiring to be run in a raceway.  The Board hereby grants the Applicant a time variance in order to correct the wiring in the subject facility at 756 Quaker Lane on or before March 14, 2009.  Specifically, the Applicant shall provide a fully functional system within this building by the above time deadline.

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)].