The above captioned case was scheduled for hearing on June 18, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Evans, Filippi, Coutu, Pearson, Preiss, Burlingame, Wahlberg, and Newbrook were present.  The fire service was represented by Deputy State Fire Marshal David Curran of the State Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook 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 November 21, 2001 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the State Fire Marshal and the Applicant during the June 18, 2002 hearing on this matter.  Accordingly, the board hereby incorporates the November 21, 2001 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 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 from the provisions of Section 23-28.3-9 and its directive in the June 22, 1984 Decision covering this facility in order to allow the Applicant to maintain the small office for staff only and to allow no more than nin (9) clients in the basement area at one time.  In granting this variance, the Board directs the Applicant to eliminate all overnight occupancy of the basement of this facility and not to utilize the basement for classroom type purposes.  In granting this variance, it is the further understanding of the Board that the Applicant has one (1) stairway directly to the outside with a properly swinging door and the Applicant has a second stairway leading up to the first level of this facility.
	2.	The Board hereby grants a variance from the provisions of Section 23-28.13-7 in order to allow the Applicant to maintain the egress from the basement of this facility as modified herein.  As a condition of this variance, the Board directs the Applicant to swing the door to the outside in the direction of egress travel and to provide the cited stairway with an approved second handrail, installed at the direction and to the satisfaction of the State Fire Marshals Office within thirty (30) days from the date of this Decision.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.13-10 in order to allow the Applicant not to maintain a rated enclosure at the lower level of the basement stairway provided that the Applicant keeps the door leading from the first floor to the basement closed at all times.
	4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the cited stairway with an approved second handrail.
	5.	The Board hereby grants a variance from the provisions of Section 23-28.13-11 in order to allow the Applicant to maintain the existing stairway from the basement without a landing at the top of the stairs.  The above variance is based upon structural hardship.
	6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly swinging the cited door in the direction of egress travel.
	7.	The Board hereby grants a variance from the provisions of Section 23-28.13-12 in order to allow the Applicant to maintain the existing cited width of the cited doors.  This variance is based on structural hardship.
	8.	The Board hereby directs the Applicant to remove the cited manual hold-open device cited in deficiency 8 and to maintain the door leading to the basement from the grade level in the dining room in the closed position and not to utilize any unauthorized hold-open devices on this door.

	9.	It is the understanding of the Board that the Applicant has corrected deficiency 9, by removing the cited deadbolts within this facility.
	10.	It is the understanding of the Board that the Applicant has corrected deficiency 10, to the satisfaction of the State Fire Marshals Office.
	11.	The Board hereby directs the Applicant to correct deficiency 11 by providing the cited janitors cleaning closet door with approved closures and to further provide this area with an approved detection device installed at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board directs the Applicant to make this room smoke tight and to seal it off at the direction and to the satisfaction of the State Fire Marshals Office, within thirty (30) days from the date of this Decision.
	12.	It is the understanding of the Board that the Applicant has corrected deficiency 12, by removing the cited desk in the west side corridor of this facility.
	13.	It is the understanding of the Board that the Applicant has corrected deficiency 13, at the direction and to the satisfaction of the State Fire Marshal.
	14.	It is the understanding of the Board that the Applicant has corrected deficiency 14, at the direction and to the satisfaction of the State Fire Marshal.
	15.	The Board directs the Applicant to correct deficiency 15 by resealing the cited opening in the boiler room that leads to the upstairs bathroom and shower area, within thirty (30) days from the date of this Decision.
	16.	It is the understanding of the Board that the Applicant has corrected deficiency 16, by removing the cited manual hold-open device on the door to the boiler room of this facility.  The Board directs the Applicant to maintain the boiler room door closed at all times.
	17.	In light of the Applicants agreement to correct deficiency 15, the Board notes that deficiency 17 shall be corrected within thirty (30) days from the date of this Decision.
	18.	It is the understanding of the Board that the Applicant has corrected deficiency 18, by removing the cited storage from the boiler room.  The board hereby directs the Applicant to remove the cited shelving units from the boiler room within thirty (30) days from the date of this Decision.
	19.	The Board directs the Applicant to correct deficiency 19, by providing approved paperwork citing the quarterly inspection of the fire alarm system within this facility.
	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)].