The above-captioned case was scheduled for hearing on June 7, 2005 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Mackay of the Westerly Fire Marshal’s Office.  The subcommittee recommendation, as outlined herein, was initially recommended pursuant to a motion  made by Commissioner Coutu and seconded by Commissioner Newbrook.  The subcommittee recommendations were subsequently approved by the Board on June 14, 2005.  

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an August 5, 2004 inspection report compiled by the Westerly Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Westerly Fire Marshal’s Office during the June 7, 2005 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 5, 2004 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 an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Westerly Fire Marshal’s office.  It is the further understanding of the Board that the Applicant has provided this facility also with approved sprinkler coverage, carbon monoxide and smoke detection.
	
2.  During the June 7, 2005 subcommittee hearing on this matter, the Applicant requested that the Board reaffirm the previously granted variances covering the stairways within this facility.  The Westerly Fire Marshal’s office appeared and had no objections to the requested relief, based on structural hardship.  Accordingly, the Board hereby grants a variance from the provisions of section 29.3.1.1.1 in order to allow the Applicant to maintain the open front stairway and to further allow the doors entering into the central stairway.  In granting this relief, it is the understanding of the Board that the Applicant is providing a secondary rear staircase from the second floor to the ground and that the third floor shall be serviced by an existing metal stairs.  Finally, as a condition of this variance, the Board directs the Applicant to submit an egress plan for the occupants of this facility to the Westerly Fire Marshal’s office for approval.  The Board further directs the Applicant to adopt and implement any modifications to the proposed egress plans suggested by the Westerly Fire Marshal’s office.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 by providing approved smoke detection in the sleeping areas of this building.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing this facility with approved carbon monoxide detection.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 at the direction and to the satisfaction of the Westerly Fire Marshal’s office.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 at the direction and to the satisfaction of the Westerly Fire Marshal’s office.
	
7.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the main front doors of this facility.  In granting this variance, the Board notes that the front doors, if free swung, would swing over a twenty-four (24”) inch granite step, thereby creating a hazard.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 at the direction and to the satisfaction of the Westerly Fire Marshal’s office.
	
9.  The Board hereby directs the Applicant to correct deficiency #9 by providing approved separation of the basement stairs, at the direction and to the satisfaction of the Westerly Fire Marshal’s office.
	
10.  The Board hereby directs the Applicant to correct deficiency #10 by providing the Westerly Fire Marshal’s office with approved floor diagrams for evacuation and properly posting the same, at the direction and to the satisfaction of the Westerly Fire Marshal.

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).
	
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 [R.I.G.L. 42-35-15(c)].