The above-captioned case was scheduled for hearing on December 3, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Jackson, Thornton, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Booth 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 November 25, 2013 inspection report (13-1510-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 December 3, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the November 25, 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.  (13-1481-VN).  The Board here by grants the Applicant as outlined in Blanket Variance 09-03 in order to provide the cited bedrooms with approved mini horns.
	2.  (13-1482-VN).  The Board hereby grants the Applicant the time variance as outlined in Blanket Variance 09-03 in order to provide approved smoke detection on every landing level of the rated stairwells.
	3.  (13-1483-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 3 by replacing the cited dryer ventilation pipe with an approved smooth rigid pipe acceptable to the State Fire Marshals Office.
	4.  (13-1484-VN).  The Board hereby grants the Applicant a time variance as outlined in Blanket Variance 09-03 in which to provide the subject facility with approved sprinkler coverage, at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (13-1480-VN).  The Board hereby grants the Applicant the time variance outlined in Blanket Variance 09-03 in which to correct deficiency 5 by providing the bedrooms with approved smoke alarms.
	6.  During the December 3, 2013 hearing on this matter, the Board was advised that only the wing dedicated to the Residential Board and Care Occupancy of this facility was inspected by the State Fire Marshals Office.  Accordingly, the Board directs that either the State and/or Johnston Fire Marshals Office shall inspect the remainder of the subject facility within sixty (60) days of the date of this decision.

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)].