The above-captioned case was scheduled for hearing on April 12, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Joseph Barroso of the State Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an April 5, 2005 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the April 12, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the April 5, 2005 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  It is the understanding of the Board that the Applicant has corrected deficiency #1 by providing this facility with approved emergency lighting.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2 by providing this facility with approved exit signage.
	
3.  During the April 12, 2005 hearing on this matter, the Board was advised that at the time of the inspection, wood paneling was located in the first floor corridor and the second floor corridor had a questionable flame spread rating.  The Board was further advised that this is a temporary homeless shelter that will be occupied through July 31, 2005.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days to either comply by correcting deficiency #3 or vacating the homeless shelter occupancy.  
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 by repairing the cited penetrations located in the furnace room.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing approved smoke detection in the sleeping rooms.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing approved carbon monoxide protection.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with an approved sprinkler wrench.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by properly color coding the fire alarm breaker of this facility.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by properly posting emergency instructions throughout this facility, at the direction and to the satisfaction of the State Fire Marshal’s office.

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 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. (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 Board’s 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).