The above-captioned case was originally scheduled for hearing on March 12, 2013 and a decision was mailed to the parties on March 28, 2013 in file number 130018.  The Applicant thereupon requested to be allowed to place additional occupants within this facility and a hearing on this request was scheduled for June 25, 2013 at 1:00 P.M.  At that time, the Applicants request was granted subject to the Providence Fire Marshals Office re-inspecting this facility pursuant to the Dormitory Occupancy requirements. 
By letter dated June 27, 2013, Assistant Deputy State Fire Marshal Susan Hawksley of the Providence Fire Marshals Office advised the Board that the re-inspection had been completed.  Marshal Hawksley further outlined the compliance options available to the Applicant in this case.  The matter was thereupon rescheduled for hearing on July 9, 2013 at 1:00 PM.
At that time, Chairman Newbrook and Commissioners Richard, Burlingame, Jackson, Thornton, Pearson and Booth were present.  The fire service was again represented by Assistant Deputy State Fire Marshal Susan Hawksley of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Booth to accept the Applicants plan of action for compliance with the dormitory provisions of the code and to reconfirm the original relief granted.  The motion was then unanimously approved by the members present.

FINDINGS OF FACT
The Board hereby adopts its original findings of fact in file numbers 130018 and 130116 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant wishes to increase the total occupancy of this facility to twenty (20) women with up to fourteen (14) of these women being provided with dormitory-style housing on the second floor of this facility.  The Board further finds that, in order to accomplish this, the Applicant is asking to eliminate the TV Room on the second floor of this facility and to add two (2) additional sets of bunk beds providing four (4) more spaces, for a total of fourteen (14) sleeping beds on the second floor.  
The Board notes that the Providence Fire Marshals Office appeared and advised it that the Providence Fire Marshals Office had no objection to the requested relief.  The Board further finds that the requested relief would create a dormitory occupancy with potentially different standards to be complied with by the Applicant and that a re-inspection of this facility as a dormitory was necessary. 
The Board finds that a re-inspection was conducted by Assistant Deputy State Fire Marshal Susan Hawksley of the Providence Fire Marshals Office and that the Applicant has agreed with the Providence Fire Marshals Office to maintain the existing stairway and to provide its walls with a properly applied coat of the UL listed and approved fire proof paint approved by the Providence Fire Marshals Office.  The Board further finds that the Providence Fire Marshals Office shall provide the Applicants stairway with any necessary dimensional relief through an AHJ Modification.  Finally, the Board finds that the Providence Fire Marshals Office has no objection to the Applicants plan in light of the fact that this building is fully sprinkled.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants the Applicants request to increase the occupancy of the second floor of this facility to up to fourteen (14) women with dormitory-style housing and allowing the total occupancy of this facility to be increased to twenty (20) women.  
The Board hereby accepts the plan of action as outlined by the Providence Fire Marshals Office and agreed to by the Applicant to maintain the existing egress stairway and to provide its walls with a properly applied coat of the UL listed and approved fire proof paint approved by the Providence Fire Marshals Office.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshals Office shall provide the Applicants stairway with any necessary dimensional relief through an AHJ Modification.  Finally, it is the understanding of the Board that the Providence Fire Marshals Office has no objection to the Applicants plan in light of the fact that this building is fully sprinkled. This comprehensive Decision (file number 130116A) now replaces the initial Board Decision (file number 130116).

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)].