The above-captioned case was scheduled for hearing on June 25, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Thornton, Booth and Jackson were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso and Chief of Plan Review Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Thornton 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 June 14, 2013 inspection report (13-869-IS) compiled by the State Fire Marshals Office.  The above plan review report was utilized by the Board, the Applicant and the State Fire Marshals Office during the June 25, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the June 14, 2013 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS

1.  (13-711-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the cited rear stairwell of this facility.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection due to structural hardship.
2.  (13-712-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of the corridors throughout this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's Office has no objection.  It is the further understanding of the Board that this is an F2 facility and that the residents are fully capable of self-preservation.
3.  (13-713-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom at the bottom of the stairs leading to the basement of this facility.  In granting this relief on the basis of structural hardship, it is the understanding and direction of the Board that this area shall be restricted to employees and staff only and that residents and members of the public shall not be allowed to access this area.
4.  (13-721-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain a single means of egress from the cited basement area of this facility, again on the basis of structural hardship in conjunction with the facts outlined in item 3 above.
5.  (13-722-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the rear exit ramp of this facility at the current slope.  Again, this is based upon structural hardship in the absence of an objection from the State Fire Marshals Office.
6.  (13-724-VN).  The Board hereby directs the Applicant to correct deficiency 6 by upgrading the sprinkler system heads at the direction and to the satisfaction of the State Fire Marshals Office prior to the re-occupancy of this facility.  
7.  (13-725-VN).  The Board hereby directs the Applicant to correct deficiency 7 at the direction and to the satisfaction of the State Fire Marshals Office by providing the kitchen cooking appliances with an approved hood and suppression system prior to the re-occupancy of this facility.
8.  (13-710-VN).  The Board hereby directs the Applicant to correct that portion of deficiency 8 relating to the first floor, by providing this area with an approved twenty-minute smoke door, installed at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants a variance on the second floor of this facility in light of the fact that there is a separate rear stairs that is properly enclosed for smoke.  As a condition of this and all other variances, the Board directs that the fire alarm system of this facility shall be fully compliant to the satisfaction of the State Fire Marshals Office.  In light of the above, it is the understanding of the Board that the State Fire Marshals Office has no objection to the relief granted herein.

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)].