The above-captioned case was scheduled for hearing on February 10, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro and Preiss were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias 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 an October 3, 2008 inspection report compiled by the State Fire Marshals Office.  The above report, also identified as file 21-6D, was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 10, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 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 a variance from the provisions of section 7.1.5 in order to allow the Applicant to maintain the existing cited headroom in the corridors of this facility.
	2.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the existing cited door leaf width of the third floor guest rooms.  This variance is based upon structural hardship in the absence of an objection by the State Fire Marshal's office. 
	3.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited dimensions of the stairs to the third floor of this facility.  This variance is also based upon structural hardship in the absence of an objection by the State Fire Marshal's office. 
	4.  During the February 10, 2009 hearing on this matter, the Board was advised that the exit enclosure from the second to the third floor was not an issue.  Accordingly, the Board hereby grants a variance from the exit enclosure requirements covering the first to the second floor conditioned upon the Applicants providing this area with approved domestic sprinkler heads installed at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further notes that the Applicant maintains existing fire escape systems as alternate means of egress.
	5.  The Board directs the Applicant to correct deficiency 5 by providing an approved window installed at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the window in room 46 with approved unobstructed access to the fire escape at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the fire escape stairs with approved required guards on the handrails, at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  The Board hereby grants a variance from the provisions of section 29.2.4.1 in order to allow the Applicant to maintain an internal means of egress from the second and third floors in conjunction with fire escapes from these levels.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 29.3.6.2 in order to allow the Applicant to maintain the existing guest room doors and jambs within this facility.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's office has no objection due to structural hardship.
	12.  The Board hereby directs the Applicant to provide approved self-closing devices on the guest room doors at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing the cited guest rooms with posted emergency evacuation plans.
	14.  The Board hereby directs the Applicant to correct deficiency 14 at the direction and to the satisfaction of the State Fire Marshal's office by providing guest rooms with the required heat detection.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by providing the cited guest rooms with the required smoke detection installed at the direction and to the satisfaction of the State Fire Marshals office.
	16.  The Board notes that the State Fire Marshal's office shall provide the Applicant with a timetable in which to make the above corrections.  The Board further would allow all four (4) fire alarm systems to be tied into a single panel, 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)].