The above-captioned case was scheduled for hearing by a subcommittee of the Board on February 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Latek of the Cranston Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendations were thereupon reviewed by the full Board on February 14, 2006 and approved pursuant to a motion made by Commissioner Burlingame and seconded by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 2, 2006 inspection report compiled by the Cranston Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the February 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the February 2, 2006 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-7.  The Board hereby grants the Applicant a time variance to correct deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Cranston Fire Marshal's office within 120 days of the date of this decision.  The Board notes that item 4 is informational in nature and not a requirement of the Fire Code.
	8.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the egress system within this facility.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing winding stairs within this facility.
	10.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 10 by providing either approved solid core or steel doors with self-closing devices in the existing door jambs throughout the egress system of this facility.
	11.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 11 by providing approved window access to the existing fire escapes of this facility and by removing all locks on those bedroom doors providing access to the fire escapes of this facility.
	12-14.  The Board hereby grants a time variance of 120 days from the date of this decision in order to allow the Applicant to correct deficiencies 12, 13 and 14 at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	15.  During the February 8, 2006 hearing on this matter, the Board was advised that deficiency 15 is moot and that the facility is currently in compliance with the cited provisions of the code.
	16.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved key box in order to allow the fire department to gain access into the building.  The above key box shall be installed at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	17.  The Board hereby grants the Cranston Fire Marshal's office the ability to extend the above deadlines if it is determined by the Cranston Fire Marshal's office that the Applicant is making a good faith effort to bring this facility into full compliance with the code.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].