The above captioned case was scheduled for hearing on March 26, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Newbrook, and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief of the Exeter Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 26, 2002 hearing on this matter, the Board was advised that the proposed structure would be a two- (2) story, 40,000 square foot, fully sprinklered dormitory for 200 students.  The proposed construction is Type 2C.  All ductwork, piping and wiring is located in the interstitial space at the first and second floors and this space is fully sprinklered.  The Board was further advised and finds that the attic above the interstitial space does not house any mechanical equipment with the exception of some ductwork on route to the roof top exhaust fans.  The above ductwork stems from the bathrooms of this facility.  The Board was further advised and finds that the attic does not have any floor framing, is non-combustible and will remain inaccessible to all but the local fire department.  Finally, it is the understanding of the Board that the Applicant is requesting a variance from the provisions of Section 23-28.25-5(3) in order to omit heat detectors from the attic.  It is the understanding of the Board that all other fire code deficiencies 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 conditional variance from the provisions of RIGL 23-28.25-5(c) in order to allow the Applicant not to provide heat detectors in the attic space as described above.  As a condition of this variance, the Board directs the Applicant to work directly with the Exeter Fire Chief in addressing all concerns his department has with the construction and eventual occupancy of this facility.  For example, the Applicant is directed wo work with the Exeter Fire Chief in developing an approved pre-plan for the rapid evacuation of this facility and to further provide the Exeter Fire Chief with all information and access requested by him.  Any reported failure of the Applicant to cooperate with the Fire Chief may directly result in the voiding of the above variance.  The above condition has been attached to this variance in order to offset the Applicants proposed reduction of heat detection in the attic area of this facility.

	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.  
	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.   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.  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.  
	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)].