The above-captioned case was scheduled for hearing on March 4, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Filippi, New brook, Preiss, Burlingame, OConnell, Evans and Pearson were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Joe Spizziri of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that this facility is an existing nursing home, which the Applicant proposes to expand by approximately 1,200 square feet.  The Applicant has come before the Board seeking relief from the two-(2) hour fire separation between the existing structure and the new addition.  The new addition consists of a new elevator, storage area and two (2) patient rooms.  The new addition, along with the remaining facility, shall be fully sprinkled and alarmed.  It is the understanding of the Board that the State Fire Marshals Office has no objection to the granting of this variance.  It is the further understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	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 defined in Section 23-28.1-4(3) OF THE Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby grants a variance in order to allow the Applicant relief from providing a two-(2) hour fire separation between the existing structure and the new addition of approximately 1,200 square feet.  In granting this variance, it is the understanding of the Board that this facility shall be fully sprinkled and alarmed and that the State Fire Marshals Office has no objection.

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.  
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.  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.  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.  
	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)].