The above-captioned case was scheduled for hearing on August 2, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Jackson, Jasparro and Walker were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  The Board was further advised that the State Fire Marshal had been in consultation with the local fire department on this matter.  However, the local fire marshal was not in attendance on August 2, 2011.  A motion was made by Commissioner Jackson and seconded by Vice Chairman Filippi to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Richard abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 31, 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 August 2, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 2011 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.  (11-255-VN).  During the August 2, 2011 hearing on this matter, the Board was advised that the Applicant wished to secure F1 licensure for this facility.  The Board was further advised that the Applicants consultant, the Robinson Green and Beretta Corporation, had been engaged by the Applicant to provide a fire safety evaluation on the existing third floor of the Lodge Building, utilizing NFPA 101A-Fire Safety Evaluation System for Health Care Occupancies-Chapter 4.  The final fire safety evaluation report, dated June 21, 2011, was thereupon submitted to and reviewed by the Board during the August 2, 2011 hearing.  The Board hereby approves the June 21, 2011 NFPA 101A report to allow the subject facility to be considered an F1 licensed facility to allow the Applicant to defend in place.  The Board notes that the State Fire Marshals Office has no objection to the above variance and relief.
	2.  (10-257-VN).  A second issue before the Board involved a foyer/lobby area within the building that was open from the first to the third floors.  The Board notes that this area has a sprinkler curtain and that the walkway on the third floor has fire doors located at both ends.  The Board further notes that this area was previously approved in 1990 in file number 900257.  Accordingly, the Board hereby reaffirms its original variance for the open foyer/lobby area as outlined in file number 900257.

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)].