The above-captioned case was scheduled for hearing on July 18, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Karl Petsching of the North Scituate Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 November 23, 2004 inspection report compiled by the North Scituate Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Scituate Fire Marshals Office during the July 18, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the November 23, 2004 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 by maintaining the emergency lighting throughout this facility and repairing the magnetic door opener for the laundry room and repairing the automatic door closer for the maintenance room of this facility.
	2.  During the July 18, 2006 hearing on this matter, the Board was advised and finds that the Applicant has maintained a stair chair within one of the means of egress within this facility which reduces that means of egress to approximately eighteen (18) inches.  The Board was further advised and finds that the chair is key operated on both sides and the chair is traditionally parked at the top of the stairs.  The Board was further advised and finds that fire drills are generally conducted on the unobstructed stairs.  The Applicant has advised the Board that the chair is necessary in order to serve the residents of this facility.  The Board hereby grants a variance from the provisions of section 31.2.4.1 and table 7.2.2.2.1 in order to allow the Applicant to maintain the existing key operated stair chairs on two (2) sides of this complex in accordance with the following conditions.  The Board directs the Applicant to provide locator lights on both sides of this building and to provide three (3) Knox boxes within the complex.  The Board further directs the Applicant to interconnect the chair to the fire alarm system if possible and to bring it to the top of the stairs in the event of fire emergency.  The Board hereby authorizes the North Scituate Fire Marshal's office to grant an appropriate period of time for the Applicant to make the above corrections and to determine whether or not any of the above safeguards should be waived due to difficulty in compliance.

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)].