The above-captioned case was scheduled for hearing on September 20, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Sylvester, Burlingame, Jasparro and Dias were present.  Commissioner Walker 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 Dias and seconded by Vice Chairperson Filippi 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 1, 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 September 20, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 1, 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 
	1-5.  (11-1554-VN, 11-1582-VN, 11-1580-VN, 11-1531-VN, 11-1573-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 as outlined above, at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (11-1567-VN).  During the September 20, 2011 hearing on this matter, the Board was advised that the Applicant sought a time variance in order to correct deficiency 6 by providing this facility with upgraded sprinkler coverage.  The Board was further advised by the Applicants architect that the Applicant planned to complete two (2) patient rooms at a time during this period.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action to the State Fire Marshals Office for the correction of deficiency 6 (11-1567-VN).  The Board further grants the Applicant an additional 150 days in which to implement that plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board notes that the State Fire Marshals Office is authorized to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	7.  (11-1570-VN).  In light of the Applicants proposed improvements and upgrading of the structure and fire protection systems of this facility, the Board hereby grants a variance in order to allow the Applicant to maintain its use of this Type 5 (000) constructed building.  In granting this relief, the Board further notes that both levels of this facility do have exits directly to grade and that the Applicant shall implement all of the proposed renovations outlined in the submitted September 19, 2011 plan of action developed by the Applicants architects, Robinson Design, Inc.
	8.  (11-1530-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 8 by upgrading the fire alarm system of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
	9-10.  (11-1571-VN, 11-1572-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 9 and 10 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)].