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 Walker and seconded by Commissioner 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 10-544-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 a variance in order to allow the Applicant to maintain the cited winders within the rear stairway of this facility.  This variance is granted on the basis of structural hardship.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of the rear stairway.  This variance is also granted on the basis of structural hardship.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited headroom in the basement stairway of this facility.  In granting this variance, the Board has been advised that there are no residents and will be no residents within the basement of this facility.  As a condition of this variance, the Board directs the Applicant to provide signage or reflective tape, at the direction and to the satisfaction of the State Fire Marshal's office, to identify the issue and effectively notify those using the stairs of the low headroom.  Finally, the Board notes that this variance is granted on the basis of structural hardship.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited winders within the basement stairway of this facility.  This variance is also granted on the basis of structural hardship.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the cited basement stairway of this facility.  This variance is also granted on the basis of structural hardship.
	6.  During the July 27, 2010 hearing on this matter, the Board was advised that the third floor office space maintains a twenty-two inch (22") by forty-eight inch (48") alcove within the room.  The Board was further advised that the alcove area is not specifically protected by sprinkler coverage.  In light of the limited dimensions and hazard presented, the Board hereby grants a variance in order to allow the Applicant to maintain this existing condition.
	7.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of the front stairway of this facility.  This variance is also based on structural hardship.

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)].