The above-captioned case was scheduled for hearing on May 15, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Walker 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 a May 8, 2012 inspection report (12-357-IS) 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 May 15, 2012 hearing on this matter.  The Board further had before it its decision in file number 900045 in which the Board had previously approved the Applicants chair lift.  Accordingly, the Board hereby incorporates the May 8, 2012 inspection report along with the decision in file number 900045 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.  (11-2207-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 1 by installing hard wired smoke detection in all residential rooms.
	2.  (11-2206-VN).  During the May 15, 2012 hearing on this matter, the Board was advised that it once again had before it the chair lift within this facility.  The Board was further advised by the State Fire Marshals Office that a prior variance had been granted in March of 1990 in file number 900045.  The Board was further advised that this facility maintains two (2) remote stairs and that the stair within which the chair lift is located maintains an approximate twenty-seven (27) inches of clear width when the chair is closed.  In light of the above, the Board hereby reaffirms its original variance in file number 900045 in order to allow the Applicant to maintain the cited chair lift track and chair lift within this facility in accordance with the original conditions of the variance.
	3.  It is the understanding of the Board that all other code deficiencies have been corrected 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)].