The above-captioned case was scheduled for hearing on December 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Burlingame, Preiss and Coutu were present.  The fire service was represented by the Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 21, 2004 hearing on this matter, the Board was advised and finds that the Applicant seeks to secure a time variance from the provisions of section 29.3.4.5 of the Rhode Island Life Safety Code.  The Board further finds that this code provision requires that existing dormitories shall be provided with either hardwired or wireless smoke and carbon monoxide detectors, installed in accordance with NFPA 72 and NFPA 720 (2003 Editions), in every guest room and every living area and sleeping room within a guest suite.
	The Board was further advised and finds that the Applicant now has a total of twenty-one (21) dormitories, built over the course of forty (40) years.  The Board further finds that, while the dormitories were built in accordance with the mandates of the fire code at the time of construction, the current law now requires additional smoke and carbon monoxide protection.
	The Board finds that five (5) of the above dorms have been renovated and are currently in compliance with the code requirements.  Of the remaining dormitories, the Board further finds that one (1) is currently not occupied and that a second dormitory is currently the subject of a separate two-phase operation.  Finally, the Board finds that eh remaining above-captioned fourteen (14) dormitories are the subjects of the Applicants request for relief.
	It is the understanding of the Board that the Applicant has corrected all remaining deficiencies in the above-captioned fourteen (14) dormitories.  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 time variance in order to allow that Applicant to maintain the original fire detection system, along with additional battery-powered smoke detectors in each room requiring smoke detection, during the period of time approved by the Board for the upgrade of the sprinkler and fire alarm systems in the above-captioned dormitories.  (Please see below.)
During the above period, the Board directs the Applicant to comply with its presented plan of action that each sleeping area shall be inspected by the Universitys Department of Housing and Residential Life staff on a monthly basis.  This inspection shall include a visual confirmation that (1) the smoke detector is in place, (2) that it is unobstructed, and (3) that there is battery power to sound an alarm.  These inspections shall be documented and reviewed on a quarterly basis by the Universitys Department of Safety and Risk Management.  Further, all missing, damaged or inoperable detectors shall be immediately replaced upon inspection.  Finally, the additional safeguards for this program, proposed by the University in the December 21, 2004 plan of action, and submitted to the Fire Board, shall be incorporated as requirements herein by reference.
	The above relief is specifically contingent upon the Applicant immediately submitting, to both the State Fire Marshal and the Fire Board, a list of the first seven (7) dormitories to be completely renovated on or before September of 2007.  Once this list is approved, the Applicant shall have a time variance until the beginning of September of 2007 to bring the first seven dormitories into full compliance with the code.
	The Board hereby maintains this as an open file in order to allow the Applicant to return, on or before September of 2005 with a new plan of action, including proposed time lines, for the complete renovation of the remaining seven (7) dormitories.  Once this second list, with recommended timelines, is approved by the Board, the above time variance shall cover the remaining dormitories.

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)].