The above-captioned case was scheduled for hearing on November 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners New brook, Burlingame, Filippi and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Captain James Tobin of the Newport Fire Alarm Division.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioners Blackburn and Preiss recusing themselves from consideration of this case.
FINDINGS OF FACT
	During the November 8, 2005 hearing on this matter, the Board was advised and finds that the Applicant sought a variance from installing heat detection in the clothes closets of the sleeping rooms within the above-captioned facilities.  The Board was further advised and finds that the Applicant shall provide heat detection in all other storage areas within each dwelling unit that exceed the mandated twelve feet in area, and that all storage closets in excess of twenty-four square feet are already sprinklered.
	The Board was further advised and finds that the above four buildings are sprinklered and one currently has a municipally connected fire alarm system.  The Board was further advised and finds that the alarm systems in the remaining three buildings shall be upgraded with municipal connection, at the direction and to the satisfaction of the Newport Fire Alarm Division, in the near future.  The Newport Fire Alarm Superintendent appeared and had no objection to the Applicants requested relief.  Finally, the Applicant sought authority from the Board allowing the Newport Fire Marshals Office to approve the issuance of Temporary Certificates of Occupancy for the above-captioned facilities.
	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 13.8.10.4.1.5 in order to allow the Applicant not to provide the clothes closets of the sleeping rooms of the above-captioned facilities with heat detectors.  In granting this variance, the Board notes that this relief shall only apply to the sleeping room clothes closets, and that detection shall be provided in all other storage areas that exceed twelve feet in area, and that all storage closets over twenty-four square feet are already sprinklered.
2.	The Board hereby grants the Newport Fire Marshals Office the authority to approve the issuance of Temporary Certificates of Occupancy covering the above-captioned buildings once that office is satisfied that each building is in substantial compliance with the code.
STATUS OF DECISION AND APPEAL RIGHTS
	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)].