The above-captioned case was scheduled for hearing on August 18, 2009 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Dias, Walker, Pearson and Filippi were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Filippi 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 December 6, 2006 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 August 18, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the December 6, 2006 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the August 18, 2009 hearing on this matter, the Board was originally advised that the Applicant sought relief on items 5, 6 and 16 of the December 6, 2006 inspection report.  As the hearing progressed, the Board granted structural relief on items 5 and 6 but the parties agreed to correct deficiency 16 as part of its fire alarm upgrade of this facility by relocating the manual pull stations to the proper height when the pull stations are to be changed from single action to double action.  Finally, the Board gave the Applicant a time variance in which to correct the remaining items.  Specifically, the Board hereby grants the Applicant a period of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of the deficiencies to the State Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in which to implement that plan of action at the direction and to the satisfaction of the State Fire Marshal's office.  The State Fire Marshal may extend any of the above timelines for good faith efforts being shown by the Applicant.  Accordingly, the Board hereby grants the above time variance to the Applicant for the correction of deficiency 1.
	2-4.  The Board hereby grants the Applicant the time variance as outlined in item 1 above for the correction of deficiencies 2, 3 and 4.
	5.  The Board hereby grants a variance from the provisions of sections 33.3.2 and 7.1.5 in order to allow the Applicant to maintain the existing cited corridor head room within the basement of this facility.  In granting this relief, it is the understanding and direction of the Board that the basement is not and shall not be utilized by residents but only for employee storage and limited office space.  Further, in granting this variance, it is the understanding of the Board that the basement would have a maximum occupancy of three (3) people at any one time.  Finally, with regard to the head room issue, the Board directs the Applicant to provide signage or other markings at the direction and to the satisfaction of the State Fire Marshal's office indicating the low head room.  In light of the above, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	6.  The Board hereby grants a variance from the provisions of sections 33.3.2 and 7.1.5 and their referenced standards in order to allow the Applicant to maintain the existing head room from the finished floor to the top of the door opening of the exit door from the basement corridor.  This variance is granted pursuant to the conditions outlined in item 5 above. 
	7-20.  The Board hereby grants the Applicant a time variance as outlined in item 1 above for the correction of deficiencies 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 at the direction and to the satisfaction of the State Fire Marshal's 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)].