The above-captioned case was scheduled for hearing on January 06, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Coutu, Filippi, O’Connell and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Rene Gendreau and Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed over the abstentions of Commissioner Burlingame, Richard and Wahlberg.

FINDINGS OF FACT
	
During the January 06, 2004 hearing on this matter, the Board was presented with  a May 02, 2003 inspection report complied by the State Fire Marshal’s Office and January 06, 2003 plan of action developed by Hughes Associates Inc.  Accordingly, the Board hereby adopts the January 02, 2003 Fire Marshal report and the January 06, 2003 Hughes Associates plan of action for this facility as its initial findings of fact.  The Board further finds that the Applicant is presenting a plan of action to allow for the residents of this facility to defend in place as opposed to automatically evacuate the building during fire drills.  This request is being made pursuant to concerns for the safety of the residents during the fire drills.  The Applicant has indicated his agreement to work with the North Cumberland Fire Marshal’s Office and the State Fire Marshal’s Office in implementing proposed plan of action.  The Applicant is requesting relief to be allowed to defend in place in some or all of this facility at the direction and to the satisfaction of the North Cumberland Fire Chief and the State Fire Marshal and to further upgrade the areas of refuge in accordance with the report and the 2003 edition of the Life Safety Code.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to defend the residents of this facility in place at the direction and to the satisfaction of the North Cumberland Fire Marshal and State Fire Marshal’s Office and to further upgrade the areas of refuge of this facility and to maintain approved egress routes within this facility at the direction and to the satisfaction of North Cumberland and the State Fire Marshal’s Office.  The Applicant is hereby directed to complete the above upgrade and develop a full plan of action within 60 days from the date of this decision to the satisfaction of North Cumberland and State Fire Marshal’s 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 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)].