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 Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 6, 2010 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 July 6, 2010 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.  It is the understanding of the Board that deficiency 1 will be rendered moot upon the Applicants completion of the installation of a sprinkler system within this facility.  During the December 6, 2011 hearing on this facility, the Board granted the Applicant a time variance of thirty (30) days from the date of this decision in order to complete the fire alarm system and to develop a plan of action for the correction of all remaining deficiencies in this facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further granted the Applicant an additional 150 days in order to connect the sprinkler system and to finalize the correction of all remaining deficiencies.  Finally, the Board granted the State Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.  Accordingly, the Board hereby grants the Applicant the above 30 and 150 days in order to complete the sprinkler coverage within this facility and therefore eliminate item 1 as a deficiency under the code.
	2.  The Board hereby grants the Applicant a time variance as outlined in item 1 above with thirty (30) days in which to complete the fire alarm system within this facility.  The Board notes that the State Fire Marshals Office may extend this timeline for good faith efforts being shown by the Applicant.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above of 30 and 150 days in order to provide the sleeping rooms with approved heat detection or alternative sprinkler head placement, at the direction and to the satisfaction of the State Fire Marshals Office.  Again, the Board notes that the State Fire Marshals Office may extend the above timeline.
	4.  The Board hereby grants a variance from the provisions of section 7.1.5.3 in order to allow the Applicant to maintain the existing cited headroom above the stairway of this facility on the basis of structural hardship.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant to provide this facility with an approved sprinkler system within the above 30 and 150 day timeline.  Again, 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.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly mounting the cited fire extinguisher in the kitchen and on the second floor.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited living room panel.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the cited drill switch on the local fire alarm system within the timeframes outlined in item 2 above.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  As a condition of the relief outlined herein, the Board directs the Applicant to provide a sign posted at the main entrance of this facility advising that the sprinkler system is currently not functioning.  The above sign should be installed 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)].