The above-captioned case was scheduled for hearing on June 29, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Filippi and Coutu were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts a June 1, 2004 application supplement prepared by Siemowit Jamick Szefer as its initial finds of fact in this case.  Specifically, the Board finds that since 1955 the Watch Hill Manor has been operating as a skilled nursing home providing free meals, including specially prescribed diets for some residents, housekeeping and linens, activities, 24-hour nursing, personal assistance with bathing, dressing and dining, medical supervision, maintenance, utilities and security.  

The Board further finds that the facility is currently licensed for fifty two (52) beds and with completion of the new wing (under construction) will be licensed for sixty (60) beds.  The Board further finds that the existing buildings consist of the original 8404 square foot, two-story unprotected wood frame building built in 1925 called Penthouse and additional one story wings (5600 sq. ft. and 9600 sq. ft.) that were subsequently added to the original structure in a course of two additions in 1955 and 1965.  The Board further finds that presently a third 5400 sq. ft. one story wing is under construction.  The Board further finds that with the adoption of the new code, the part of the facility called the Penthouse is in technical violation.  

The Board further finds that the Penthouse is fully sprinklered, fully alarmed, and used primarily for support services.  The Board finds that the basement of the building houses storage, mechanical services and maintenance facility for the nursing home.  The Board further finds that the first floor houses dining, recreation, physical therapy and two resident rooms.  The Board further finds that the second floor houses offices for the nursing home.  

Finally, it is the understanding of the Board that the Applicant would reduce the number of sleeping rooms on the first floor from ten (10) to two (2) residents.  In light of the above, the Applicant is requesting relief from the provisions of section 19.1.5 in order to maintain the existing structure as outlined above.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 19.1.5 of the RI Life Safety Code in order to allow the Applicant to maintain the existing construction of the Penthouse building within this complex.  As a condition of this relief, the Board directs the Applicant to adhere to the present use of this building and not to exceed the two (2) allowed sleeping rooms.

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 Applicant’s 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 Board’s 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 Board’s 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)].