The above-captioned case was scheduled for hearing on July 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Burlingame, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 26, 2011 hearing on this matter, the Board had before it a building description outlined in a May 9, 2011 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 26, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the May 9, 2011 building description 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.  During the July 26, 2011 hearing on this matter, the Board was advised that the subject facility is a leased building.  The Board was further advised and finds that the building owner may not extend the lease as a residential board and care facility.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision to allow the Applicant and the owner to review the current occupancy and determine whether or not this occupancy will be extended.  In the event it will be extended, the Board directs that the Applicant submit a plan of action for the correction of outstanding deficiencies in this facility within the above sixty-day period.  In the event the Applicant wishes to discontinue this occupancy, the Board hereby directs that the Applicant shall return to the Board for further review under the newly proposed occupancy.  The Board directs that the Applicant shall submit his designs to the State Fire Marshals Office on or before September 15, 2011.  Finally, the Board grants the Applicant an additional time variance of 150 days from the original sixty (60) day time variance in order to complete the plan of action and bring this facility into compliance with the code.
	2.  (10-804-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing interior stair width.  In granting this variance on the basis of structural hardship, the Board notes that the State Fire Marshals Office has no objection.

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)].