The above-captioned case was scheduled for hearing on December 6, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi 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 February 8, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the December 6, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 8, 2005 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 Authority Having Jurisdiction (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 directs the Applicant to correct deficiency 1 by either establishing the rating of the cited wood paneling or providing the wood paneling with an approved finish installed at the direction and to the satisfaction of  the State Fire Marshals office within 120 days from January 15, 2006.
	2.  The Board hereby grants a variance from the provisions of section 42.2.2.3 and its referenced standards in order to allow the Applicant to maintain the existing dimensions of the cited stairs leading into the basement of this facility.  In granting this relief on the basis of structural hardship, it is the understanding of the Board that the basement area is not normally occupied space, with limited employee use and no public access.
	3.  The Board hereby grants a variance from the provisions of section 42.2.2.3 and its referenced standards in order to allow the Applicant to maintain the existing ceiling height on the side exit door used for the passing of storage in and out of the basement area.  The Board notes that this variance is granted on the basis of structural hardship and the cited side exit door is utilized only as an emergency means of egress.
	4.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing cited obstructing heating pipes and wooden beams that hang from the basement ceiling of this facility.  Again, for the reasons outlined above, this variance is granted on the basis of structural hardship.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by eliminating the cited transom located above the kitchen door in the egress corridor.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing the cited sleeping room doors with approved UL listed self-closing devices, installed at the direction and to the satisfaction of the State Fire Marshals office, within 120 days from January 15, 2006.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing an approved separation between the lodging and rooming house occupancies and the assembly occupancies, at the direction and to the satisfaction of the State Fire Marshal's office, within 120 days of January 15, 2006.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by properly enclosing the cited interior stairways utilized as the primary means of egress from the second and third floors of this facility, at the direction and to the satisfaction of the State Fire Marshals office, within 120 days after January 15, 2006.
	9.  The Board hereby directs the applicant to correct deficiency 9 by providing approved hardwired smoke and CO detection, as required by the State Fire Marshal's office, within 120 days of January 15, 2005.
	10.  The Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of  the West Warwick Fire Marshal's office and the State Fire Marshals office.  Specifically, the Applicant shall submit plans to the West Warwick Fire Marshals office on or before January 15, 2006.  The Board hereby grants the Applicant an additional 120 days after January 15, 2006 to have the system completely installed.
	11.  The Board hereby grants a variance from the provisions of section 26.2.1.2 in order to allow the Applicant to maintain the existing fire escape door.  In granting this variance, the Board directs the Applicant to provide the State Fire Marshals office with certification that the fire escape is structurally sound.  If the fire escape is not found to be structurally sound, the Applicant is hereby directed to bring it into compliance with the code within 120 days after the January 15, 2006 deadline for submission of plans.

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)].