USE OR OCCUPANCY:		Existing Residential Board & Care

The above-captioned case was scheduled for hearing on July 27, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Preiss and Richard were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioners Jasparro and Jackson 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 June 16, 2010 inspection report compiled by the State Fire Marshals Office.  This report is further identified as inspection number 10-545-IS.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 27, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the June 16, 2010 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, 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present the State Fire Marshal's office with a plan of action for the correction of deficiencies 1, 2, 6 and 7 as outlined in sequence on the June 16, 2010 inspection report.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan of action for the correction of these deficiencies at the direction and to the satisfaction of the State Fire Marshal's office.  Accordingly, the Applicant shall have the above time frame in which to correct deficiency 1 by removing the attached data telecommunication cable and wiring from the sprinkler system throughout the building.  
	2.  The Board hereby grants the Applicant the time, outlined in item 1 above, in which to correct deficiency 2 by properly maintaining the sprinkler heads throughout this facility.
	3.  The Board hereby grants a variance from the provisions outlined in violation 10-1408 in order to allow the Applicant to maintain the existing cited clear width of the two (2) interior stairways within this facility.  This variance is based on structural hardship.
	4.  The Board hereby grants a variance from the provisions outlined in violation 10-1330 in order to allow the Applicant to maintain the cited headroom of the interior stairways of the basement (lower level) of this facility.  In granting this variance on the basis of structural hardship, the Board directs the Applicant to provide the cited low headroom areas with warning tape and/or identification in order to alert the occupants of this facility to the lower headroom issue.
	5.  The Board hereby grants a variance from the provisions outlined in violation 10-1407 in order to allow the Applicant to maintain the existing cited winding stairs within this facility on the basis of structural hardship.  
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing the two (2) interior stairways in the basement of this facility with approved automatic sprinkler protection installed at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by extending the sprinkler system into the second floor clinician's office alcove 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)].