The above-captioned case was scheduled for hearing on May 5, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Jasparro, Walker, Filippi, Dias and Richard 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 Caron and Deputy State Fire Marshal Kent of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by both Vice Chairman Newbrook and 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 facility.  The Board finds that it has previously made the same determination in file numbers 060717, 090027, 090034 and 090048.  The Board was further advised and finds that the Applicants Engineer and the State Fire Marshals Office have reviewed the attached April 22, 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 facility is sprinkled and municipally alarmed. 
	During the May 5, 2009 hearing on this matter, the Board also had before it, and reviewed, a four (4) page building description compiled by the State Fire Marshals Office on December 30, 2008.  Accordingly, the Board hereby incorporates the December 30, 2009 building description as its additional findings of fact.  Further, the Board finds that the Applicant is seeking a variance from the provisions of LSC section 19.1.6.4, in order to permit the continued health care use of all three (3) floors of the existing building.  Finally, the Board finds that the Applicant is requesting a time variance of one (1) year to complete the project and bring this complex into full compliance with the code.
   
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance to accept the attached April 22, 2009 plan of action for the upgrading of this facility.  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 facility.  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 variance from the provisions of LSC section 19.1.6.4, in order to permit the continued health care use of all three (3) floors of the existing building.
3.	The Board hereby grants a time variance of one (1) year from the date of this Decision in which to allow the Applicant to bring the remainder of this facility into compliance with the code at the direction and to the satisfaction of the State Fire Marshals 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 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)].