The above-captioned case was scheduled for hearing on December 6, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Sylvester, Jackson, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Dias 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 in sequence with those of a December 2, 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 December 6, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the December 2, 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.  (11-1075-VN).  During the December 6, 2011 hearing on this matter, the Board was advised that the Applicant had completed installation of the local fire alarm system in this facility and was awaiting confirmation.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to have the fire alarm system of this facility tested and approved.
	2.  (11-1076-VN).  The Board hereby grants the Applicant the time variance of thirty (30) days outlined in item 1 in which to correct deficiency 2 by providing this facility with approved heat detection unless the Applicant wishes to utilize the sprinkler heads of the system to be installed in this facility as heat detection.  In the event the Applicant wishes to utilize the sprinkler heads as substitute heat detection, 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 installation of the sprinkler system and an additional 150 days in order to implement that plan of action by installing the sprinkler system within this facility.
	3.  (11-1070-VN).  During the December 6, 2011 hearing on this matter, the Board was advised that deficiency 3 would be moot with the installation of sprinkler coverage throughout this facility.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 2 above in order to either correct deficiency 2 within thirty (30) days or to render this deficiency moot with the installation of a sprinkler system within the time frame outlined in item 2 above.
	4.  (11-1078-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the sleeping rooms of this facility with approved smoke detection.
	5.  (11-1160-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 5 by repairing the emergency lighting throughout this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (11-1161-VN).  During the December 6, 2011 hearing on this matter, the Board was advised that the Applicant was in the process of correcting deficiency 6.  Accordingly, the Board hereby grants the Applicant an additional time variance of thirty (30) days from the date of this decision in which to complete the correction of deficiency 6 by addressing the cited handrails within this facility.
	7.  (11-1162-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 7 by conducting and documenting the fire drills of this facility.
	8.  (11-1163-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 8 by removing or repairing the exposed wires cited in the deficiency report.
	9.  (11-1164-VN).  The Board hereby grants the Applicant the time variances outlined in item 1 above to either correct deficiency 9 within thirty (30) days or to correct deficiency 9 by providing this facility with approved sprinkler coverage within the above 180 day time period.
	10.  (11-1074-VN).  During the December 6, 2011 hearing on this matter, the Board was advised that the Applicant wished to correct deficiency 10 by providing this facility with an approved sprinkler system but that it had to wait for the Providence Water Supply Board to approve the installation of a sprinkler line.  Accordingly, the Board, as outlined above, grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the installation of sprinkler coverage throughout this facility.  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. 

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)].