The above-captioned case was originally scheduled for hearing on March 12, 2013 and a decision was mailed to the parties on March 28, 2013 in file number 130018.  The Applicant thereupon requested to be allowed to place additional occupants within this facility and a hearing on this request was scheduled for June 25, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Thornton, Walker, Booth and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 130018 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant wishes to increase the total occupancy of this facility to twenty (20) women with up to fourteen (14) of these women being provided with dormitory-style housing on the second floor of this facility.  In order to accomplish this, the Applicant is asking to eliminate the TV Room on the second floor of this facility and to add two (2) additional sets of bunk beds providing four (4) more spaces, for a total of fourteen (14) sleeping beds on the second floor.  The Providence Fire Marshals Office appeared and advised the Board that the Office had no objection to the requested relief.  However, as noted by Commissioner Burlingame, the requested relief would potentially create a dormitory occupancy with potentially different standards to be complied with by the Applicant.  Accordingly, it was determined by the members present that the relief would be granted subject to a re-inspection of this facility as a dormitory with the Applicant either complying with any additional requirements or returning to the Board to address any additional issues.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby tentatively grants the Applicants request to increase the occupancy of the second floor of this facility to up to ten (10) women with dormitory-style housing and allowing the total occupancy of this facility to be increased to twenty (20) women.  As a condition of this relief, the Board directs the Applicant to allow re-inspection of this facility as a dormitory and to comply with the dormitory requirements, at the direction and to the satisfaction of the Providence Fire Marshals Office.  In the event the Applicant wishes relief from any of the dormitory requirements, the parties are directed to return to address any subsequent issues prior to the implementation of this variance.

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)].