The above-captioned case was scheduled for hearing on November 28, 2006 at 1:00 P.M.  At that time, Chairman Coutu, vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Kirwin and Clark of the Newport Fire Marshals Office.  Commissioner Preiss recused himself from consideration of this case.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to approve the plan of action for this facility as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
The Board finds that the subject complex consists of multiple building clusters in the City of Newport.  The Board further finds that the Applicant has requested relief from provisions of the fire alarm code as they relate to the method of municipal connection within this complex.  The Applicant and the Newport Fire Marshal have developed a plan of action as follows:
	The Newport Housing Authority is permitted to install fire alarm systems at the above locations following the criteria noted below with the following stipulations as set forth by the Newport Fire Marshal and the Newport Superintendent of Fire Alarm:
1.	 Should the connection between any of the multiple building clusters and master box providing a single municipal connection to the Newport Fire Department fail for any reason in excess of three (3) times in a three-year period, the multiple building cluster relying on one (1) master box will be abandoned and a master box for each building will be installed at the direction and to the satisfaction of the Newport Superintendent of Fire Alarm.
2.	The phrase fail for any reason is intended to include catastrophic and malicious events such as lightning strikes, wind storms, heavy rains, improper installation techniques, and vandalism.  It is not the intent to consider power outages or interruptions affecting the community as a whole to considered a failure of the fire alarm system in connection with the above locations.

CONCLUSIONS AND VARIANCE REQUESTS
1.	 The Board hereby grants a variance from the provisions of section 13.8.10.6 and its referenced standards in order to allow the Newport Housing Authority to install fire alarm wiring above the ground between buildings without installing master boxes in each building in accordance with the stipulations outlined above in the Boards findings of fact.

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)].