The above-captioned cases were originally reviewed by a subcommittee of the Board on December 19, 2005.  The above-captioned cases were thereupon scheduled for hearing on December 20, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Preiss, Newbrook and Pearson were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of these cases.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Pearson to approve the subcommittee report as outlined below.  A second motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to maintain all of these files as open files during the period of construction.  Both motions were unanimous.
FINDINGS OF FACT
	During the December 19, 2005 subcommittee review, and the follow-up December 20, 2005 hearing on these cases, the Board utilized a December 12, 2005 report generated by the Department of Safety and Risk Management at the University of Rhode Island.  This six-page report was utilized by the Board, the applicant and the Fire Marshals Office during both the subcommittee and the full Board hearing on this matter.  Accordingly, the Board hereby incorporates the December 12, 2005 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 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.	 The Board hereby grants a variance from the provisions of section 13.8.10.5.12 in order to allow the Applicant not to equip the fire alarm system with a fire alarm drill switch in each of the nineteen (10) dorm buildings.  In granting this variance, it is the understanding of the Board that both the state and local fire marshals have no objection in light of the current procedure for conducting fire drills.  Accordingly, the above variance is granted with any additional safeguards deemed necessary by the State or Kingston Fire Marshals Office, to assure the continued rapid evacuation of these dormitories.
2.	The Board hereby grants a variance from the provisions of section13.6.3.3 as it relates to the placement of fire extinguishers in the dormitory buildings.  This variance would allow the Applicant to continue to place fire extinguishers, at secure locations, at the direction and to the satisfaction of the State and Kingston Fire Marshals Office.  The Board notes that currently the Applicant is in compliance with the Life Safety Code and shall continue to provide these fire extinguishers at hazardous locations and in the RA rooms.  The primary concern in this case is vandalism.  The alternative arrangement has been deemed acceptable by both the State and Kingston Fire Marshals Offices.
3.	The Board hereby grants a variance from the provisions of section 7.1.3.2.1(5) in order to allow the Applicant to maintain the cited electrical, mechanical, closets and other rooms within the exit enclosures of this facility.  In granting this variance, the Board directs that there shall be no storage in these areas and that the areas shall be secured with full sprinkler and full fire alarm coverage in accordance with the plan of action developed by the State Fire Marshals Office and the Kingston Fire Marshals Office.  All doorways leading into these areas shall be rated, if deemed necessary by the Fire Marshal, in accordance with the State Fire Code.
4.	The Board hereby grants the Applicant a time variance from the provisions of section 29.3.4.3 as it relates to the location of notification devices.  Specifically, the time variance shall be in accordance with timetables outlined for the upgrade of the sprinkler and fire alarm systems within these dorms as outlined in item 11 below.  In granting this relief, it is the understanding of the Board that both the State and Kingston Fire Marshals Offices have no objection.
5.	The Board hereby grants a time variance from the provisions of section 13.8.10.4.2.2 and 13.8.9.5.3.5 as they relate to the installation of heat detection within the dorms of this facility.  Specifically, the Applicant has a plan of action that would provide for the installation of full fire alarm systems and sprinkler systems for each of the dorms covered by this decision.  The timetables for that plan of action are outlined in item 11 below.  Accordingly, since sprinkler head coverage may be substituted for heat detection, the Board shall allow the Applicant the time cited in item 11 below to provide each of the cited dorms with approved sprinkler heads in lieu of heat detection.
6.	The Board hereby grants a time variance until the commencement of the 2006-2007 academic year in September of 2006 to provide the required replacements to the previously authorized door-locking systems.  Specifically, the previously permitted magnetic door-locking systems shall be replaced with approved panic hardware and local alarm devices, at the direction and to the satisfaction of the State and Kingston Fire Marshals Offices, prior to the commencement of the 2006-2007 academic year in September of 2006.
7.	In light of the fact that means of escape window requirements are rendered moot once a dormitory is fully sprinklered, and the fact that the Applicant plans to either fully sprinkler or abandon each of the remaining fourteen (14) dormitories, the Board hereby grants the Applicant a time variance to allow it not to upgrade the windows of these facilities during the period of time allowed for the full sprinklering of these facilities as outlined in item 11 below.
8.	The Board hereby grants the Applicant a time variance until the commencement of the 2006-2007 academic year in September of 2006 in order to provide the required interior finish for each of these facilities, at the direction and to the satisfaction of the State and Kingston Fire Marshals Offices.
9.	The Board notes that once a facility is sprinklered, there are no additional rating requirements for the interior dormitory doors.  Accordingly, the board hereby grants the Applicant a time variance from the interior door requirements that would coincide with the sprinklering of each of these buildings as outlined in item 11 below.
10.	A question has arisen as to the requirements for carbon monoxide detectors in each of these dormitories.  The Board has been advised that all of the dormitories are heated by steam and that there are no fuel-burning heating devices within the residents rooms.  The Board was further advised that approximately six (6) dormitories have hot-water heating systems located in their basements.  In light of the above, it does not appear to be necessary to provide each of the sleeping rooms with carbon monoxide detection.  However, the Board directs that each of the rooms utilized for the heating of hot water should be so equipped with carbon monoxide detection along with any other area deemed necessary by the State and Kingston Fire Marshals Offices.  The Board further directs that all penetrations in those rooms used for heating hot water should be completely sealed off at the direction and to the satisfaction of the State and Kingston Fire Marshals Offices.
11.	The Board notes that the Applicant has fully upgraded the fire alarm systems and provided full sprinkler coverage at the following locations:  1 Baird Hill Road (Bressler), 10 Baird Hill Road (Weldin), 4 Baird Hill Road (Barlow), 1 Butterfield Road (Butterfield), 4 Butterfield Road (Browning).  The Board hereby grants a time variance in order to allow the Applicant to provide full sprinkler and upgraded fire alarm coverage to each of the remaining fourteen (14) buildings as indicated.
11 Heathman Road (Heathman) to be completed September 2006
7 Butterfield Road (Peck) to be completed January 2007
4 Complex Road (Fayerweather) to be completed September 2007
8 Complex Road (Ellery) to be completed September 2007
23 Butterfield Road (Merrow) to be completed September 2007
6 Complex Road (Gorham) to be completed September 2007
3 Farm House Road (Tucker) to be completed September 2007
5 Farm House Road (Hutchinson) to be completed September 2007
2 Butterfield Road (Adams) to be completed September 2008
16 Complex Road (Coddington) to be completed September 2008
55 West Alumni Avenue (Burnside) to be completed September 2008
10 Complex Road (Dorr) to be completed September 2008
22 Butterfield Road (Aldrich) to be completed September 2009
14 Butterfield Road (Hopkins) to be completed September 2009
	The Board hereby directs that the above-captioned dormitories shall be brought into full compliance with the sprinkler and/or fire alarm provisions by the commencement of the academic term outlined above.  In the event the Applicant is unable to bring the facility into compliance, within the above timetable, the Applicant shall have the option of not reoccupying the facility until it is brought into compliance or returning to the Board with a new plan of action for compliance.  Any new plan of action should initially be reviewed with the State and Kingston Fire Marshals Offices.

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)].