The above-captioned case was scheduled for hearing on December 8, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Richard, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Pearson and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based on the evidence and documentation received by the Board, the Board makes the following findings of fact.  The Board finds that a new adult day care facility is being constructed at 209 Elmwood Avenue in Providence.  The Board further finds that the facility falls under "New Day Care" Chapter 16 in the Life Safety Code.  The Board further finds that the adult day care occupants will be early Alzheimer type clients.  The Board further finds that the Applicant is asking to protect the clients by locking the doors against egress as is allowed in health care facilities.  The Board was specifically advised that the facility would like to secure two (2) of its exits for the safety of its participants, in order to minimize their elopement from the center.  The Board was further advised that the type of system the Applicant is requesting to utilize is one that has been successfully utilized in other health care settings.  Specifically, the doors would be locked from the inside and the staff, by punching a code into the keypad, could release the lock at any time.  The systems would be tied into the fire alarm system, so that if the fire alarm went off, the locks would automatically disengage and release.  The Board was further advised that this facility would exit onto a busy street corner, and that the staff would be available at all times.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize a security system that has been allowed in other health care settings.  Specifically, the Applicant would be allowed to lock the doors from the inside and the staff, by punching a code into a keypad, could release the locks at any time.  The system would also be tied into the fire alarm system so that if the fire alarm activated, the locks would automatically release.  As a condition of this variance, all staff would have either a keypad or card to deactivate this system's lock and the staff would be present at all times to ensure the rapid evacuation of the clientele in the event of emergency.  The locks shall be installed in accordance with NFPA 101 guidelines, at the direction and to the satisfaction of the State Fire Marshal's office and further disengage upon activation of the fire alarm system or loss of power, 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 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)].