The above-captioned cases were previously scheduled for hearing on December 21, 2004 at 1:00 P.M. and an initial Decision, covering the above-captioned facilities, was issued on February 16, 2005.  The above-captioned cases were re-scheduled for hearing on August 2, 2005, at 1:00 P.M. at the request of the Applicant.  At that time, Chairman Farrell, Vice Chairman Coutu, and Commissioners Richard, Blackburn, Newbrook, Filippi, Burlingame and Preiss were present.  Commissioner Blackburn recused himself from consideration of these cases and Commissioner Burlingame abstained from the votes taken.  The fire service was represented by Fire Marshal Irving Owens and Chief of Inspections William Howe of the Fire Marshals Office.
	At that time, two issues were presented to, and voted upon separately by, the Board.  The first issue was a request for approval of the attached seven-page plan of action addressing a requested time variance for the fire safety code upgrade of the above fourteen dormitories.  The plan of action had been reviewed by the State Fire Marshals Office.  A motion to approve the attached seven-page plan of action was made by Commissioner Newbrook and seconded by Commissioner Filippi, to give the Applicant relief as outlined herein.  The motion was unanimous.
	The second issue was a request to allow the Applicant to maintain magnetic locking devices installed on certain dormitory exit doors approximately fifteen years ago.  Fifteen years ago, the Board granted a variance, under the then-existing code, to allow the installation of these devices.  However, with the adoption of the Comprehensive Fire Safety Act of 2003, this relief was effectively rescinded because the prior code, upon which it was based, had been eliminated.
	Both the State Fire Marshal and the Kingston Fire Marshals Office are on record opposing the re-affirmation of this variance.  A motion to grant the relief was thereupon made by Vice Chairman Coutu and seconded by Commissioner Preiss.  However, the motion failed to secure the five votes, required by statute, to grant the requested relief.  Accordingly, the requested relief cannot be granted at this time.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact, as outlined in the February 16, 2005 Decision, as its initial findings of fact in this case.  During the August 2, 2005 hearing on this matter, the Board was advised and finds that the Applicant seeks the Boards approval of the attached seven-page plan of action addressing a requested time variance for the fire safety code upgrade of the above fourteen dormitories.  The Board further finds that the plan of action had been reviewed by the State Fire Marshals Office.  The Board further finds that the applicant also seeks to maintain magnetic locking devices installed on certain dormitory exit doors approximately fifteen years ago.

CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants a variance to allow the applicant to upgrade the fire protection of the above-captioned dormitories, in accordance with the attached seven-page plan of action, at the direction and to the satisfaction of the State and Kingston Fire Marshals Offices.
2.	The Applicants second request, to be allowed to continue to utilize the magnetic locking devices on certain dormitories, was not approved due to the absence of a statutory quorum of five (5) members voting in favor of the requested relief.

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)].