The above-captioned case was scheduled for hearing before a subcommittee of the Board on January 21, 2010 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office and ADSFM Mark Wood of the Narragansett Fire Marshal's Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker to recommend to the full Board that the Applicant be granted the relief as outlined herein.  The motion was unanimous.
The above recommendations were thereupon presented to the full Board on January 26, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro and Preiss were present.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 7, 2009 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 January 21, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 2009 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  The Board hereby grants a variance from the provisions of sections 26.2.2.1 and 7.2.2.5.1 and their referenced standards in order to allow the Applicant to maintain the cited open stairs within this facility.  In granting this variance, the Board notes that there are two (2) means of egress within this facility.
	3.  The Board hereby grants a variance from the provisions of table 7.2.2.1(b) and its referenced sections in order to allow the Applicant to maintain the existing construction and dimensions of the cited stairways located throughout this facility.  This variance is granted on the basis of structural hardship in light of existing construction.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to submit plans and an additional 120 days in which to implement those plans for the correction of deficiency 4 by providing the cited fifteen (15) residents rooms with the required detection at the direction and to the satisfaction of the State Fire Marshal's office.  In the event the Applicant needs additional time, the State Fire Marshal's office is hereby granted the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans and an additional 120 days in which to implement those plans to provide full fire alarm coverage throughout this facility at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the State Fire Marshal's office the authority to extend either of the above timelines for good faith efforts being shown by the Applicant.
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit plans for the correction of deficiency 6 by providing the cited doorways with approved magnetic hold-open devices.  The Board further grants the Applicant an additional 120 days in which to implement the above plans to install the magnetic hold-open devices at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, as noted above, the State Fire Marshal's office may extend either or both of the above deadlines for good faith efforts being made by the Applicant.
	7.  The Board hereby grants a variance from the provisions of section 13.8.10.5 and its referenced standards in order to grant the Applicant relief from providing the cited elevator with approved recall.  In granting this variance, the Board was advised that the elevator was not for public use and was too small for use by the fire department in an emergency situation.  
	8-18.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 at the direction and to the satisfaction of the State Fire Marshal's office.
	With regard to item 11, the Board hereby directs the Applicant to immediately correct deficiency 11 by replacing the cited dirty and corroded heat detector located in the Stevenson Hall Brothers lunch room 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).