The above-captioned case was scheduled for hearing on November 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro, Preiss and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard 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 January 15, 2009 inspection report compiled by the State Fire Marshals Office along with a September 22, 2009 plan of action prepared by Hughes Associates on behalf of the Applicant.  The above January 15, 2009 inspection report and September 22, 2009 plan of action were utilized by the Board, the Applicant and the State Fire Marshals Office during the November 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates both the January 15, 2009 inspection report and the September 22, 2009 plan of action developed by Hughes Associates 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.  The Board hereby confirms that the issue raised in item 1 has been addressed and resolved by the Board in file number 090048 based on the use of NFPA 101A.  Accordingly, the State Fire Marshal's office may utilize the above standard in determining the levels of occupancy for this facility.
	2-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the State Fire Marshal's office.
	10.  During the November 3, 2009 hearing on this matter, the Board was advised that the Applicant maintains offices located in the loft area of this facility.  The Board was further advised that if this area were open to the floor below it would qualify as a mezzanine.  The Board was further advised that this area is fully sprinklered and alarmed.  It would not be available to residents and would further maintain a maximum of ten (10) people within the conference room.  In light of the above, the Board hereby grants a variance in order to allow the cited loft area of the building to maintain a single means of egress.
	11-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13, 14 and 15 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)].