The above-captioned case was scheduled for hearing on March 31, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Pearson, Walker, Jasparro, Richard, Preiss and Jackson were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman 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 both a January 8, 2009 inspection report compiled by the State Fire Marshals Office and the January 23, 2009 response to the above report from the Division of Facilities Management.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the March 31, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates both the January 8, 2009 inspection report by the State Fire Marshal's Office and the January 23, 2009 updated response by the Applicant 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 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance until July 31, 2009 for the Applicant to submit plans and to secure the approval of the State Fire Marshal's office for the upgrade of the fire alarm system within this facility.  The Board further grants the Applicant a time variance until November 30, 2009 by which time the Applicant is directed to complete the fire alarm upgrades throughout this facility at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board grants the State Fire Marshal's office the authority to extend the above deadlines for good faith efforts being made by the Applicant.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6.
	7.  The Board hereby directs the Applicant to work with the State Fire Marshal's office on a plan to provide the keys to unlock the exit doors at the direction and to the satisfaction of the State Fire Marshal's office.  The Board notes that maintaining open exits in the Correctional and Detention Occupancy may present a security hardship to the Applicant.  Accordingly, if the State Fire Marshal's office is satisfied with the Applicants plan to provide the staff with keys, then the Board shall be satisfied.
	8.  The Board hereby directs the Applicant to correct deficiency 8 as part of the fire alarm upgrades in this facility as outlined in item 5 above.
	9.  The Board hereby directs the Applicant to correct deficiency 9 within the time frames outlined in item 5 above.
	10.  The Board hereby directs the Applicant to correct deficiency 10 within the time frames outlined in item 5 above.
	11.  The Board hereby directs the Applicant to correct deficiency 11 within the time frames outlined in item 5 above.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by seeking State Fire Marshal's office approval of the policy and procedure for evacuation procedures of this facility.  
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13.
	14.  The Board hereby grants a variance in order to allow the Applicant not to provide electronic keypads having Braille or raised lettering within this detention facility.  The Board notes that this an atypical situation and that the State Fire Marshal's office has no objection.

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)].