The above-captioned case was scheduled for hearing on April 10, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Walker and Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Burlingame.

FINDINGS OF FACT
	Based on the March 19, 2012 and March 26, 2012 correspondence from the State Fire Marshals Office along with the March 28, 2012 correspondence of Bristol Fire Protection Inc., the Board finds that the subject facility is a four-story building utilized for assisted living.  The Board further finds that the construction type of the building is II (222) non-combustible construction comprised of concrete plank floors and cement block on all of the load bearing interior and exterior walls.  The Board further finds that each floor of the facility is separated into three (3) distinct smoke compartments and that the facility maintains three (3) two-hour rated stairwells.  The Board further finds that the total square footage is approximately sixty thousand (60,000) square feet.  
	The Board further finds that the subject facility shall be provided with a new fire alarm system and an upgraded sprinkler system.  The Board further finds that the Applicant is requesting not to add sprinkler protection in the bathrooms and closets of this facility.  The Board finds that the State Fire Marshals Office has no objection to the Applicants request in light of the construction type and the other safeguards within this facility.  Finally, the Board finds that the Applicant has submitted a March 28, 2012 plan of action outlining the sprinkler upgrades and that the State Fire Marshals Office has no objection and supports this plan of action.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approved the March 28, 2012 plan of action for the upgrade of the sprinkler coverage within this facility which includes the deletion of sprinkler coverage in the bathrooms of fifty-five (55) square feet or less and in closets of twenty-four (24) square feet or less.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection and that all other provisions of the Code shall be met by the Applicant.

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)].