The above-captioned case was scheduled for hearing on February 12, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jackson, Burlingame and Richard were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office on behalf of ADSFM Raymond Bader of the Hope Valley-Wyoming Fire Marshals Office.  Specifically, by letter dated December 27, 2012, ADSFM Bader advised the Board that he had no objection to the requested relief and Chief of Inspections Scott Caron made himself available in order to answer any questions the Board might have on this project.  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
	During the February 12, 2013 hearing on this matter, the Board had before it a September 4, 2012 fire code review of this facility conducted by Hughes Associates, Inc.  The Board also had before it a December 3, 2012 review of this facility including variance requests conducted by RGB.  Finally, the Board had before it a December 27, 2012 letter to it from ADSFM Raymond Bader of the Hope Valley  Wyoming Fire Marshals Office indicating his support for the two (2) requested variances in this case.  Accordingly, the Board hereby incorporates the September 4, 2012 Hughes Associates letter along with the December 3, 2012 RGB letter and the December 27, 2012 Hope Valley  Wyoming Fire Marshals letter 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. 
	The Board further finds that the Hope Valley  Wyoming Fire Marshals Office supports the Applicants variance request in order not to be required to lower the bedroom window sills on the second floor of this facility based upon structural hardship and to further allow the Applicant to maintain an interior stair width of thirty-four inches (34) within this complex.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing sill height of the bedroom windows located on the second floor of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the sill is over a sloped roof, not allowing it to be lowered.  It is the further understanding of the Board that the Hope Valley  Wyoming Fire Marshals Office supports this request.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited interior stair width of thirty-four inches (34) for each of the apartments within this complex.  Accordingly, it is the understanding of the Board that the Hope Valley  Wyoming Fire Marshals Office also supports this requested relief.
	3.  The above variances shall be applicable to all of the Canonchet Cliffs Buildings (A, B, C and D).

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)].