The above-captioned case was scheduled for hearing on October 5, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Filippi, Dias and Richard were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Filippi and Richard 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 those of an August 24, 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 October 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the August 24, 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 
	1-3.  (10-2109-VN; 10-2117-VN; and 10-2113-VN)  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiencies 1, 2 and 3 at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board authorizes the State Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	4.  (10-2102-VN)  It is the understanding of the Board that the Applicant has corrected deficiency 4.
	5.  (10-2116-VN)  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  (10-2126-VN)  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited exit doors in the Alzheimers Unit of this facility with the wall murals based upon the fact that the residents in this area do not have the ability to react to a fire but are provided with twenty-four hour supervision by those who are aware of the current exit configuration of this facility.
	7-10.  (10-2105-VN; 10-2103-VN; 10-2107-VN; 10-2104-VN)  The Board hereby grants the Applicant the time variance outlined in items 1 through 3 above in order to correct deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshals Office.
	11.  (10-2114-VN)  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  (10-2111-VN)  The Board hereby grants the Applicant outlined in items 1 through 3 above in order to correct deficiency 12 at the direction and to the satisfaction of the State Fire Marshals 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)].