USE OR OCCUPANCY:		Hotel/Dormitory

The above-captioned case was scheduled for hearing on January 22, 2009 at 9:00 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Newbrook and Commissioner Dias reviewed the testimony and documentation and voted to recommend the plan of action outlined below.  The subcommittee recommendations were reviewed by the full Board on January 27, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and Dias were present.  The fire service was originally represented at the January 22, 2009 subcommittee hearing by Deputy State Fire Marshal Christopher Moore of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to approve the subcommittee recommendations and 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 a September 22, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the January 22, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 22, 2008 inspection report as its initial findings of fact.  Any modification of the Boards 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-10.  During the January 22, 2009 subcommittee hearing on this matter, the Board was advised that the Applicant either has corrected or will correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 along with 12 through 18 within thirty (30) days of the date of this decision.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to correct the remaining deficiencies outlined in items 1 through 10 within thirty (30) days of the date of this decision.
	11.  The Board hereby grants a variance from the provisions of section 29.2.2.3 and 7.2.2.5 and their referenced standards in order to allow the Applicant to maintain the existing open fully sprinklered stairways, identified in item 11, with an approved door upgrade, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board hereby grants the Applicant a time variance in order to complete the door upgrade, at the direction and to the satisfaction of the State Fire Marshal's office, prior to the September 2009 commencement of the academic year.
	12-18.  As outlined in item 1 above, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct any outstanding deficiencies outlined in items 12 through 18.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.