The above-captioned case was scheduled for hearing on at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Preiss, Jasparro, Pearson, Dias and Walker were present.  Commissioner Blackburn recused himself from consideration of this case. The fire service was represented by Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard 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 an October 27, 2010 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the May 3, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 27, 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. (10-2882-VN) It is the understanding of the Board that the Applicant either has corrected Deficiency 1 by providing the cited stairwells with the required smoke detection or will correct this deficiency within the timelines outlined in item 2 below.  
2.  (10-2883-VN)  The Board hereby grants a variance in order to allow the Applicant, and/or the new owner of this facility, to provide two sprinkler heads (one in the bedroom area and one in the kitchen area) in each of the seven (7) apartments currently utilized for the Board and Care occupancy within this apartment complex. The Board notes that these apartments have been identified as units 132 through 138 in the A wing of this complex. The above sprinkler heads shall be properly engineered and may be supplied by the existing corridor sprinkler line.
The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to submit a plan of action to the State Fire Marshals Office for the installation of the above limited sprinkler coverage. The Board hereby grants an additional one hundred fifty (150) days to implement the above plan at the direction and to the satisfaction of the State Fire Marshals Office. Finally, the State Fire Marshals Office is hereby authorized to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  
3  5 (10-2888-VN, 10-2881-VN, 10-2880-VN) It is the understanding of the Board that Deficiencies 3, 4 and 5 either have been corrected or will be corrected by the Applicant within the timelines outlined in item 2 above. 

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)].