The above-captioned case was scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Burlingame and Commissioners Wahlberg, Filippi and OConnell were present.  By letter dated November 3, 2003, the Providence Fire Marshals office advised the Board that it had no objection to the Applicants request to install smoke detection in accordance with the National Fire Alarm Code, NFPA 72, 2002 edition.  The subcommittee recommendation was adopted by the Board on November 18, 2003.  At that time a motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to accept the subcommittee recommendation as the decision of the Board.  The motion was unanimous.

FINDINGS OF FACT
	During the November 4, 2003 hearing on this matter, the Board was advised and finds that the Applicant had originally planned to provide approved smoke detectors in the subject facility on a wall mounted basis, in accordance with the National Fire Alarm Code, NFPA 72, 2002 edition, Chapter 5.7.3.2.1.  The Board was further advised and finds that the above nationally recognized code allows for the wall mounting of smoke detectors.  The Board was further advised and finds that the Applicant would encounter problems associated with ceiling mounted smoke detection in exposed concrete plank construction.  The Board further finds that the Providence Fire Marshals office has no objection to the requested relief in accordance with the National Code.  Finally, it is the understanding of the Board that all other fire code deficiencies in this facility shall be corrected by the Applicant. 
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 23-28.34-3 in order to allow the Applicant to install wall mounted smoke detection in the residence hall bedrooms and living rooms of this facility, in accordance with National Fire Alarm Code, NFPA 72, 2002 edition, Chapters 5.7.3.2.1.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].