The above-captioned cases were scheduled for hearing on April 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  Commissioner Blackburn recused himself from consideration of this matter.  The fire service was represented by Chief Deputy State Fire Marshal DiMascolo along with Chief of Inspections Scott Caron and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The Board finds that the standards for review of health care facilities, as outlined in NFPA 101A, may be utilized in the review of the subject facilities.  During the April 28, 2009 hearing on these cases, the Board was advised and finds that the Applicants Engineer and the State Fire Marshals Office have reviewed the attached April 16, 2009 plan of action developed by Hughes Associates and are in agreement with its proposed terms and conditions.  The Board further finds that the above facilities are fully sprinkled and municipally alarmed. 
The Board finds that the Applicant has been historically allowed to initially defend in place as opposed to initially evacuating these facilities, in the event of a fire emergency.  The Board further finds that the Applicants Representative has requested to be allowed to continue to defend in place until December 31, 2009.  At that time, the subject facilities are to be brought into full compliance with the above plans of action.  Finally, the Board has asked the parties to develop and implement an informational plan of action instructing both the staff and residents as to procedures that are to be followed in the event of a fire or related emergency.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance to accept the attached April 16, 2009 plan of action for the upgrading of these facilities.  In granting this relief, the Board finds that the standards for review of Health Care Facilities, as outlined in NFPA 101A, may be utilized in the review of the subject facilities.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office is in support of the plan of action.
2.	The Board hereby grants a time variance to allow the Applicant to continue to defend in place through December 31, 2009 when the subject areas of these facilities will be brought into full compliance with the code. 
3.	As a condition of the above relief, the Board directs the parties to develop and implement an informational plan of action instructing both the staff and residents as to procedures that are to be followed in the event of a fire or related emergency.   

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 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)].