The above-captioned case was scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Blackburn, Walker and Dias 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 Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with the violations listed on a July 16, 2010 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 September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the July 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.  (10-1726-VN)  While the Board was initially considering a variance on the basis of structural hardship to address violation 10-1726-VN, it was subsequently determined that the Applicant may be able to address this deficiency without major structural hardship.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to access the condition and prepare a plan of correction for the headroom clearance within the front stairway leading to the second floor of this facility.  The Board further grants the Applicant an additional 150 days in order to correct this deficiency at the direction and to the satisfaction of the State Fire Marshals Office or to return to the Board for further review.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the second means of emergency egress from the basement area through a bulkhead.  In granting this relief from violation number 10-1728-VN, the Board notes that the basement area is utilized by staff, laundry and storage and is not utilized by clients.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing winders in the front interior stairs in this facility based upon structural hardship.  Accordingly, violation number 10-1764-VN has received relief.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing headroom clearance of seventy-seven inches (77) in the rear interior stairway of this facility on the basis of structural hardship and in the absence of a major obstruction.  Accordingly, item number 10-1727-VN has received relief.

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)].