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 David Sayles of the Westerly Fire Marshal’s Office along with Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 06, 2004 hearing on this matter, the Board was presented with a June 10, 2003 inspection report outlining the building description and a November 5, 2003 memorandum outlining the Applicant’s request.  Specifically, the Board finds that the facility’s current status of the east wing is F-2 and that the Applicant is looking to change the status to F-1(in the east wing only).  The Board was further advised and finds that this would allow those residents to “defend in place” during quarterly fire drills and not require many of them to navigate multiple flights of stairs during mandated evacuations.
	
The Board further finds that there are magnetic doors on all levels and that the residents doors are fire rated and it appears that section 18.3.7.1 would require the Applicant to maintain a smoke barrier in the middle of the 80 foot hallways in order to change the status of the east wing of this facility from a F-2 to and F-1.  The Applicant is requesting relief in order to convert the east wing of this facility from a F-2 to F-1 without having to install the cited smoke barriers.  The Applicant notes that there were stairwells protected by fire rated doors at both ends of the hall on all floors of the east wing.  The Fire Chief advised the Board that request was appropriate and that the east wing was located approximately 4/10 mile from the Fire Department with a hydrant located less than 400 feet from the building.  The Board was further advised and finds that there are approximately 34 units within the subject three (3) floors, and there are no space heaters or other hazards allowed in these areas, and that all residents are mobile requiring no particular skilled care.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the above, the Board hereby grants a variance in order to allow the Applicant to change the classification of this facility from F-2 to F-1 without having to install the cited smoke barriers pursuant to section 18.3.7.1.  This would allow the Applicant to defend in place without the necessity of installing additional smoke doors.  In granting this relief, the Board notes that the Fire Chief, who is familiar with this building, has determined that it is an appropriate request.

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)].