The above-captioned case was scheduled for hearing on September 17, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn, Burlingame, Sylvester and Pearson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 27, 2013 inspection report (13-955-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 September 17, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 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.  (13-868-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the sprinklering of the main entrance breezeway of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in which to implement the above plan of action.  Finally, the Board notes that the State Fire Marshals Office is authorized to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	2.  (13-869-VN).  The Board hereby grants a variance in order to allow the Applicant not to provide sprinkler coverage in the patient room closets of this facility, but rather to provide heat detection in the patient room closets, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide the above heat detection in the patient room closets of this facility.  Finally, the Board notes the objection of the State Fire Marshals Office to this relief.
	3.  (13-867-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide the electrical rooms of this facility with approved heat detection installed at the direction and to the satisfaction of the State Fire Marshals Office.

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)].