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, and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshal's Office.  A motion was made by Commissioner Dias 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 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 July 27, 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.  The Board hereby directs the Applicant to correct deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office by providing this facility with approved training and signage to ensure that the egress system shall no longer be obstructed.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by removing the cited unidentified abandoned wires from this facility.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by removing the cited extension cords.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with an approved key access box at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the July 27, 2010 hearing date in order to present a plan of action for the correction of the fire alarm deficiencies and an additional 120 days in which to implement that plan of action at the direction and to the satisfaction of the State Fire Marshal's office.  In light of the fact that the fire alarm plan was previously reviewed by the Woonsocket Fire Marshal's office, the Board hereby grants the State Fire Marshal's office the authority to waive a plan review fee for the fire alarm system. 
	6.  The Board hereby directs the Applicant to correct deficiency 6 within the timelines outlined in item 5 above.
	7.  The Board hereby grants the Applicant a time variance in which to correct deficiency 7 within the timelines outlined in item 5 above.
	8.  The Board hereby grants the Applicant a time variance in order to correct deficiency 8 within the timelines outlined in item 5 above.
	9.  The Board hereby grants the Applicant a time variance in order to correct deficiency 9 within the timelines outlined in item 5 above.
	10.  The Board hereby grants the Applicant a time variance in order to correct deficiency 10 within the timelines outlined in item 5 above.
	11.  The Board hereby grants the Applicant a time variance in order to correct deficiency 11 within the timelines outlined in item 5 above.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing the fire alarm system with an emergency twenty-four hour number.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing the appropriate signage at the direction and to the satisfaction of the State Fire Marshal's office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by properly storing all flammable and combustible liquids at the direction and to the satisfaction of the State Fire Marshal's office.
15.  The Board hereby grants the Applicant a time variance of thirty (30) days from the July 27, 2010 hearing date in order to submit a report from a structural engineer outlining the issues raised in item 15.
16.  During the July 27, 2010 hearing on this matter, the Board was advised that with the exception of the Sleep Lab which is only occasionally occupied, the majority of spaces outlined in item 16 were not utilized for patient care.  Accordingly, the Board hereby grants a variance from the provisions of sections 19.2.2.2.1 and 7.2.1.2.4 in order to allow the Applicant to maintain the existing clear width of the cited bathroom doors on the basis of structural hardship in the absence of an objection by the State Fire Marshal's office.  As a condition of this variance, the Board directs the Applicant to provide the bathrooms with at least one (1) emergency override lock per bathroom installed at the direction and to the satisfaction of the State Fire Marshal's office or the Woonsocket Fire Marshal's Office within a timetable established by those offices.
17.  It is the understanding of the Board that the Applicant has corrected deficiency 17.
18.  It is the understanding of the Board that the Applicant has corrected deficiency 18.
19.  It is the understanding of the Board that the Applicant has corrected deficiency 19.
20.  It is the understanding of the Board that the Applicant has corrected deficiency 20.
21.  It is the understanding of the Board that the Applicant has corrected deficiency  21.
22.  It is the understanding of the Board that the Applicant has corrected deficiency 22.
23.  It is the understanding of the Board that the Applicant has corrected deficiency 23.
24.  It is the understanding of the Board that the Applicant has corrected deficiency 24.
25.  It is the understanding of the Board that the Applicant has corrected deficiency 25.
26.  The Board hereby directs the Applicant to correct deficiency 26 by either sheet-rocking both sides of the cited glass partition or changing the glass to an approved, rated product, at the direction and to the satisfaction of the State and Woonsocket Fire Marshals' offices.  The Board hereby grants the Applicant a time variance of thirty (30) days from the July 27, 2010 hearing date in order to submit a plan of action of correction and an additional 120 days in order to implement that plan and correct deficiency 26.
27.  It is the understanding of the Board that the Applicant has corrected deficiency 27 by providing the cited door with an approved self-closing device.
28.  The Board hereby grants the Applicant a time variance in order to correct deficiency 28 by properly sealing the transfer grilles at the direction and to the satisfaction of the State and Woonsocket Fire Marshals' office.  The Board hereby grants the Applicant a time variance of thirty (30) days from the July 27, 2010 hearing date in order to present a plan of action to the State and Woonsocket Fire Marshals' offices.  The Board hereby grants the applicant an additional 120 days in which to implement that plan of action.
29.  The Board hereby directs the Applicant to correct deficiency 29 at the direction and to the satisfaction of the State and Woonsocket Fire Marshals' offices within thirty (30) days of the date of this decision.
30.  The Board hereby directs the Applicant to correct deficiency 30 at the direction and to the satisfaction of the State and Woonsocket Fire Marshals' offices within thirty (30) days of the date of this decision.
31.  It is the understanding of the Board that the Applicant has corrected deficiency 31 at the direction and to the satisfaction of the State and Woonsocket Fire Marshals' offices.
32.  During the July 27, 2010 hearing on this matter, the Board was advised that the cited kitchen hood was regularly maintained by the Applicant.  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 this deficiency.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan of action.  If the hood is not repaired and/or replaced to the satisfaction of the State Fire Marshal's office within the above timeline, the Applicant shall discontinue cooking under this hood.
33.  It is the understanding of the Board that the Applicant has corrected deficiency 33 at the direction and to the satisfaction of the State and Woonsocket Fire Marshals' offices.
34.  The Board hereby grants a variance from the provisions of sections 19.3.3.2 and 10.3.2 in order to allow the Applicant to maintain the existing interior finish of the locked room in the psychiatric wing of this facility in accordance with the following conditions.  In granting this variance, the Board directs the Applicant to provide this room with an approved shatter-proof light fixture installed at the direction and to the satisfaction of the State Fire Marshal's office, in order to eliminate the only point of ignition within the room.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the installation of the approved light fixture and an additional 120 days in order to implement those plans.  In granting this relief, the Board further notes that this room is continually monitored by a camera and the nurses' desk.
35.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the State Fire Marshal's office with the required documentation as to the testing of the curtains within the birthing area of this facility.
36.  It is the understanding of the Board that the Applicant has corrected deficiency 36 to the satisfaction of the State and Woonsocket Fire Marshals' offices.
37.  The Board hereby grants a variance from the cited provisions in order to allow the Applicant to utilize approved heat detecto wire in lieu of heat detectors in the cited areas.  The Board hereby grants the Applicant the time variance outlined in item 5 above in order to correct this deficiency as outlined herein.
38.  In the event that it is necessary to correct deficiency 38 after the State Fire Marshal's office has conducted a test, the Board hereby grants the Applicant the time variance outlined in item 5 above in which to effect the above corrections.
39.  The Board hereby grants the Applicant the time variance as outlined in item 5 above in which to correct deficiency 39 at the direction and to the satisfaction of the State Fire Marshal's office.
40.  The Board hereby grants the Applicant the time variance as outlined in item 5 above in order to correct deficiency 40 at the direction and to the satisfaction of the State Fire Marshal's office.
41.  It is the understanding of the Board that the Applicant has corrected deficiency 41 to the satisfaction of the State Fire Marshal's office.
42.  It is the understanding of the Board that the Applicant has corrected deficiency 42 to the satisfaction of the State Fire Marshal's office.
43.  During the July 27, 2010 hearing on this matter, the Board was advised that the fire pump of this facility had been approved in 1981.  However, it had been modified approximately five (5) years ago.  Accordingly, the Board hereby directs the Applicant to correct deficiency 43 at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the timelines established in item 5 above.  The Board notes that the Applicant shall have a full five (5) months to both plan and implement the correction of this deficiency at the direction and to the satisfaction of the State Fire Marshal's office.
44-49.  It is the understanding of the Board that the Applicant has corrected the remaining deficiencies, items 44, 45, 46, 47, 48 and 49 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)].