The above captioned case was scheduled for hearing on May 7, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, O’Connell, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Assistant Deputy State Fire Marshal Bruce Rice of the Union Fire District Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

During the May 7, 2002 hearing on this matter, the Board was advised and finds that the Applicant is requesting relief for approximately twenty-five (25) camper cabins under construction and/or plan for accommodating overnight campers attending the new camp JORI in South Kingstown, RI.  This specific relief relates to the requirement that these facilities be sprinklered.  

In making this request, the Applicant has advised the Board and the Board finds that the cabins will be limited to a maximum of sixteen (l6) people all sleeping in single-level beds as opposed to bunks.  Each camper cabin will contain nineteen (l9) separate signaling devices connected to the supervised fire alarm system covering each of these facilities.  Each cabin will have three (3) egress doors and nine (9) egress windows.  Smoking will not be permitted at the campsite.  All campsite staff will receive training on the steps to be taken in the event of fire.  

The orientation program for new campers will include fire prevention and fire protection training.  During each four- (4) week camp session, the Applicant shall provide at least one (l) fire drill and plans to enlist the assistance of the Union Fire District in the planning and execution of these fire drills.  Finally, the Board finds that the camper cabins are used for only approximately two (2) months each year and that maintenance of automatic sprinkler systems for these cabins would present a hardship for the camp.  It is the understanding of the Board that all other deficiencies covering these buildings shall be corrected by the Applicant prior to occupancy.
	
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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the sprinkler requirements of Section 23-28.l4-l3 as it relates to the proposed twenty-five (25) camper cabins under construction and/or planned at the camp JORI facility in South Kingstown.  In granting this variance, the Board directs the Applicant to maintain the municipally connected fire alarm system covering each of these camp cabins, as a required system pursuant to the RI General Laws.  This variance is further granted pursuant to the Board’s understanding as to the additional fire protection within this facility as outlined in its findings of fact above.

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 Applicant’s 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 Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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 Board’s 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.  [RIGL 42-35-l5(c)].

This decision was mailed on 6-05-02.