The above-captioned case was scheduled for hearing on March 11, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Filippi, Walker, Jasparro, Jackson and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Albert Heroux and Battalion Chief Russell McGillivray of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson 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 31, 2008 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the March 11, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 2008 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of eighteen (18) months from the date of this decision in order to effect all of the fire alarm upgrades in this facility including providing the building with an approved key access box as required by the West Warwick Fire Alarm Division.
	2-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 5 to the West Warwick Fire Marshal's office and an additional 120 days to make the above corrections.  Accordingly, the Applicant shall have a total of 150 days from the date of this decision in order to correct deficiency 5 as outlined above.  
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 6 and an additional 120 days to make the submitted corrections.  Accordingly, the Applicant shall have a total of 150 days from the date of this decision in order to correct deficiency 6.
	7.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing headroom in the basement of this facility as cited.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the West Warwick Fire Marshal's office has no objection.
	8.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 8 and an additional 120 days from the submission of those plans to correct deficiency 8.  Accordingly, the Applicant shall correct deficiency 8 within 150 days from the date of this decision.
	9.  The Board hereby grants the Applicant a time variance of thirty (30) days in order to submit plans for the correction of deficiency 9 and an additional 120 days to correct deficiency 9 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Accordingly, the Applicant shall correct deficiency 9 within 150 days from the date of this decision.
	10.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the cited door used in the exit enclosure of this facility.  In granting this variance the Board notes that re-swinging the door would possibly impede pedestrian traffic on the sidewalk in front of this building.  Accordingly, the Board grants this variance on the basis of structural hardship.  The Board notes that the West Warwick Fire Marshal's office has no objection, provided there is an approved lock change on the door as outlined herein.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit plans and an additional 120 days to correct deficiency 12 by allowing the Applicant to provide either a crash paddle with an alarm or to replace the lock at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Accordingly, the Applicant shall have a total time variance of 150 days to correct deficiency 12 as outlined above.
	13.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.2.2.2.1(2) in order to allow the Applicant to maintain the existing dimensions of the treads and risers of the basement steps of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the West Warwick Fire Marshal's office has no objection.
	14.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited winding stairs within this facility.  This variance is also granted on the basis of structural hardship.
	15.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 15 and an additional 120 days to correct deficiency 15 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Accordingly, the Applicant shall have a total of 150 days to correct deficiency 15 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	16.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 16, and the Board provides an additional 120 days in order to allow the Applicant to correct deficiency 16.  Accordingly, the Board hereby grants the Applicant a total of 150 days in which to submit plans and correct deficiency 16 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	17.  The Board hereby grants a variance from the provisions of sections 29.2.1.2 and 24.2.2.1.1 in order to allow the Applicant to maintain the existing dimension of the windows in guest rooms 4 and 5(a).  
	18.  The Board hereby grants a variance from the provisions of section 29.2.4.2 and its referenced standards in order to allow the Applicant to maintain the existing tin ceiling on the plaster ceiling within this facility.  This variance is based upon structural hardship and existing condition.
	19.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the placement of exit signage and an additional 120 days for the installation of that signage.  The Board notes that the total time variance for the correction of deficiency 19, at the direction and to the satisfaction of the West Warwick Fire Marshal, would be 150 days.
	20.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 20(a)(b)(c) and an additional 120 days to correct those deficiencies at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Specifically, the Applicant shall have 150 days from the date of this decision to correct the above deficiencies.  The Board notes that the cited cleaning supplies in the storage room are not flammable and that the door may be secured by placing 5/8 sheetrock on the inside of the door.  With regard to 20(b), the Board notes that the Applicant has maintained a metal door jamb with 5/8 piece of sheetrock over the existing door.  With regard to 20(c), the Board notes that the cited trash should be placed in metal cans with metal covers and that a domestic sprinkler head should be placed in the boiler area and in the trash area at the direction and to the satisfaction of the West Warwick Fire Marshal's office within the above time frames.
	21.  The Board hereby grants a time variance of thirty (30) days to submit plans for the correction of deficiency 21 and an additional 120 days for the execution of those plans, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Accordingly, the Applicant shall have a total time period of 150 days from the date of this decision in order to correct deficiency 21 sections a, b, c and d.  The Board advises the parties that the Applicant may treat the cited areas with an approved Class A paint or finish or provide a 5/8 sheetrock covering over these areas.  If the ceilings are wood fiber, then they should also be treated with Class A paint or the above sheetrock.
	22.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans for the correction of deficiency 22 and an additional 120 days to execute those plans, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Accordingly, the Applicant shall have a total time period of 150 days to provide the existing door jambs with approved 1 3/8 solid core wood doors with spring loaded hinges.  The Board notes further that the transoms over the doors are currently protected by 5/8 sheetrock.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency 23 to the satisfaction of the West Warwick Fire Marshal's office.
	24.  The Board hereby directs the Applicant to correct deficiency 24 by providing emergency instructions for the residents and guests at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  
	25.  It is the understanding of the Board that the Applicant has corrected deficiency 25 by providing an approved remote shut-off switch and that the Applicant shall correct the remainder of the deficiency at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	26.  The Board hereby grants the Applicant a time variance of eighteen (18) months from the date of this decision in order to upgrade the fire alarm system of this facility with the inclusion of carbon monoxide detection, installed at the direction and to the satisfaction of the West Warwick Fire Alarm Superintendent and Fire Marshal's office.  The Board notes that the Applicant shall provide the boiler area of this facility with approved carbon monoxide detection at the direction and to the satisfaction of the above authorities.  Finally, the Board notes that this facility maintains an on-site manager who has appeared before it and is working closely with the West Warwick Fire Marshal's office in upgrading this facility.

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)].