The above-captioned case was scheduled for hearing on May 22, 2007 at 1:00 P.M.  At that time, Acting Chairman Preiss and Commissioners Richard, Blackburn, Jasparro, Jackson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of West Warwick Fire Marshals Office.  A motion was made by Commissioner Richard 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 January 4, 2007 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the May 22, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the January 4, 2007 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 sections 26.2.1.2 and 24.2.2.3(c) in order to allow the Applicant to maintain the existing cited 4.3 square foot egress windows in the second and third floor guest rooms of this facility.  In granting this relief based on structural hardship, it is the understanding of the Board that the Applicant intends to improve the means of egress from this facility and to further protect this facility with an approved local fire alarm system.
2.	The Board hereby grants a variance from the provisions of section 26.2.2.1 and its referenced standards in order to allow the Applicant to maintain rated doors in the existing door jambs located on the second floor landing that services the second and third floors.
3.	The Board hereby grants a variance from the provisions of section 26.2.2.1 and its referenced standards in order to allow the Applicant to maintain rated doors in the existing door jambs of the third floors of this facility.
4.	The Board hereby grants a variance from the provisions of section 26.2.3.4 in order to allow the bathroom doors not to be opened from the outside when locked.  In granting this variance based on the Applicants compliant alarm system within this facility, the Board directs the Applicant to provide a key to the bathroom doors to the building manager and also to provide the fire department with the key to bathroom doors in the lock box attached to the building.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by rendering the wainscoting in the common stairwell flame resistant.
6.	The Board hereby directs the Applicant to correct deficiency 6 by modifying the cited guest room and bathroom doors to latch shut in conjunction with the existing door closer at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the exit doors with remote exit discharge emergency lighting installed at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the exit signs with battery backup for illumination at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
9.	The Board hereby grants a variance from the provisions of section 19.2.1.4 in order to allow the Applicant to maintain the dumpster in this facility as far as possible away from the building at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  Specifically, it is the understanding of the Board that this facility has property line constraints which prevent the dumpster from being located a minimum of ten (10) feet from the building.  However, the West Warwick Fire Marshals Office has advised the Board that the dumpster has a cover and is properly maintained by the Applicant.  Accordingly, once the West Warwick Fire Marshals Office is satisfied as to the location of the dumpster, the Board shall also be satisfied pursuant to the terms of this variance.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the cited boiler room with an improved remote shut off switch installed at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
11.	The Board notes that all items directed to be completed at the direction and to the satisfaction of the West Warwick Fire Marshals Office shall be within a time table established by that 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)].