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 Sylvester and seconded by Commissioner Pearson 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.  (10-417-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 1 by repairing the cited smoke detector on the third floor of this facility.
	2.  (10-419-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 2 by providing the front outside stairs of this facility with approved handrails installed at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  (10-423-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 3 by road testing and/or providing approved evidence of the adequate strength of the fire escape ladders of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (10-424-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a final plan of action for the connection of the sprinkler system of this facility.  The Board hereby grants the Applicant an additional 150 days in which to implement that plan of action by connecting the sprinkler system of this facility and bringing it fully online, at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (10-425-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  (10-426-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to allow the Applicant to correct deficiency 6 by properly mounting the cited fire extinguishers within this facility.
	7.  (10-427-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to complete the installation of a local fire alarm system and have the system tested and approved by the State Fire Marshal or designee.
	8.  (10-428-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 providing this facility with approved hard wired or wireless carbon monoxide detectors. 
	9.  (10-429-VN).  The Board hereby grants the Applicant the option of either correcting deficiency 9 within thirty (30) days by installing heat detection in the cited sleeping rooms or by maintaining active sprinkler coverage in these rooms in accordance with the time variance granted in item 4 above.
	10.  (10-430-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 10 by providing hard wired or wireless smoke detection in each of the sleeping rooms of this facility at the direction and to the satisfaction of the State Fire Marshals Office.
	11.  (10-416-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 11 and that the fire extinguishers have been inspected and tested 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)].