The above-captioned case was originally scheduled for hearing on February 17, 2011 and the Board issued an initial decision in this case in file number 080238 on April 28, 2011.  The Applicant has now returned and is requesting that the Board reaffirm a prior variance that allowed for the Applicant to maintain the existing cited corridor width.  This request was scheduled for hearing on August 7, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original decision in file number 080238 and a June 12, 2012 inspection report (12-476-IS) compiled by the State Fire Marshals office as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is requesting to be allowed to maintain the existing corridor width on the third floor of this facility.  The Board further finds that the State Fire Marshals Office has no objection in light of the fact that this facility maintains a full sprinkler and fire alarm system and it previously had relief under a prior code.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (12-669-VN).  The Board hereby grants the Applicant a variance in order to allow the Applicant to maintain the existing corridor width on the third floor of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the State Fire Marshals Office.  As a condition of this variance, the Board directs the Applicant to provide the third floor residents with training in evacuation on the fire escapes of this facility and to further provide the State Fire Marshals Office with a letter indicating that now and in the future, the third floor of this facility shall be limited only to those ambulatory residents capable of self-preservation.



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)].