As indicated in the file, a hearing involving the above-captioned property was conducted on October 7, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi, Jackson and Pearson.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Scott Caron of the State Fire Marshals Office.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Rick Baccus (Admistrator) of RI Veterans Home, 480 Metacom Avenue, Bristol, RI  02809 dated August 14, 2014.
3.	The Application was received by the Board and File  140106 opened on August 28, 2014.
4.	The matter was originally before the Board on September 30, 2014 at which time a subcommittee consisting of Chairman Newbrook and Commissioners Booth, Jackson and Sylvester heard the case.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to recommend that the full Board grant the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote and will be reviewed by the full Board at the October 7, 2014 meeting.
6.	A hearing on the Application was conducted on October 7, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After the subcommittee recommendations were presented at the October 7, 2014 meeting, a motion was made by CommissionerPearson and seconded by Commissioner Booth to modify the subcommittees recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140106 and are pertinent to the decision rendered:

1.	Variance Application  140106 dated August 14, 2014 and filed on August 28, 2014.
2.	State Fire Marshals Office Inspection Report  14-874-IS dated September 18, 2014.
3.	Hughes Associates Plan of Action dated August 14, 2014.

EXHIBITS

The following documents were presented at the September 30, 2014 subcommittee hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the September 18, 2014 inspection report 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 30, 2014 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 18, 2014 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.
2.	The facility campus is presently served by a fire protection distribution system that is supplied by an on-site water storage tank holding 20,000 gallons and an electric fire pump that lacks a secondary power source.  Due to the upgrading of the municipal water supply feeding the tank, it has become necessary to change the automatic-fill valve to a manual operation requiring human intervention.
3.	The facility administrator testified that maintenance personnel are present on a 24/7/365 basis and are trained in the operation of the manual fill procedure.  He further testified that similar training has been provided to members of the Bristol Fire Department who respond to this location in the event of a fire incident.
4.	The Applicant has proposed a master plan for improvements at the facility that include relocating the fire protection service to a new location on campus which is to be provided with a new municipal high pressure main and a new diesel fire pump.  This project is estimated to be completed in one (1) year and will be incorporated into the facilitys master plan for the construction of a new main healthcare facility.
5.	The State Fire Marshal's Office objection to the proposed relief of permitting the manual fill operation to remain in use is hereby noted by the Board.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1 - 4.		These deficiencies have been corrected.
5 - 7.		[14-717-VN, 14-718-VN and 14-719-VN]  The recommendations of the subcommittee were accepted and the Board hereby grants the Applicant a time variance of sixty (60) days from the date of the decision to correct these deficiencies, at the direction and to the satisfaction of the State Fire Marshals Office.
8 - 11.	These deficiencies have been corrected.
12.		[14-725-VN] The recommendation of the subcommittee was rejected and the Board grants the Applicant a time variance of thirty (30) days from the date of the decision to correct this deficiency or to return to the Board with an alternate plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
13 - 16.	These deficiencies have been corrected.

In consideration of the relief granted herein, the Board directs the Applicant to include the State Fire Marshal's Office in any meetings and/or discussions that are held with the Bristol Fire Department in relation to this project.

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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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)].