As indicated in the file, a hearing involving the above-captioned property was conducted on June 16, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Jackson, Pearson, Richard, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.
APPLICANT: Matthew Trimble, Mark Mulholland and Brian McKenna.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Steven Horowitz (authorized representative) of Saint Elizabeth Home, One Saint Elizabeth Way, East Greenwich, RI dated May 13, 2015.
3.	The Application was received by the Board and File  150058 - 150061 opened on May 27, 2015.
4.	A hearing on the Application was conducted on June 16, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioners Jackson and Pearson to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150058 - 150061 and are pertinent to the decision rendered:

1.	Variance Application  150058 - 150061 dated May 13, 2015 and filed on May 27, 2015.

EXHIBITS

The following documents were presented at the June 16, 2015 hearing as exhibits:

1.	Representative Images and Floor Plan dated June 16, 2015.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The State Fire Marshal's Office has undertaken a comparison of the differences between the currently adopted 2012 edition of the Life Safety Code and the proposed adoption of the 2015 edition and has determined that there are no significant changes in Chapter 18 that would adversely affect the life safety aspects of the design of this project.
2.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.
CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of the RILSC section 18.2.3.4 by allowing the Applicant to design and construct the proposed health care facilities in accordance with the following provisions:
a.	Nursing home corridors shall be permitted to be not less than 6 ft (1830 mm) wide in smoke compartments housing not more than 30 patients.
b.	In consideration of the relief granted herein, the Board notes that the Rules & Regulations Subcommittee has reviewed and recommended the adoption of the 2015 edition of the Life Safety Code wherein the provisions of section 18.2.3.4(7), which is new to the 2015 edition, are consistent with the relief granted.

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].