This case was originally scheduled for hearing on February 26, 2002.  At that time, it was determined that the Board should conduct a subcommittee inspection on March 5, 2002.  Upon conducting a morning subcommittee inspection of the facility, the subcommittee reported its findings to the full board on the afternoon of March 5, 2002.  A Decision, outlining the subcommittees findings and recommendation was mailed on March 13, 2002.  This Decision addressed sixteen (16) items found in the State Fire Marshals inspection report of January 25, 2002.
	The above captioned case was thereupon scheduled for hearing on September 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, OConnell, Newbrook, Filippi, Preiss, Coutu and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy and Chief of Inspections William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  This motion passed with Commissioner Wahlberg abstaining on consideration of the Entire building and Commissioner Preiss abstaining on item 5 below. 

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact as outlined in File No.: 020036.  The Applicant has returned to the Board and has requested clarification and/or relief on items 5 and 6 of the original Decision issued on March 13, 2002.  The State Fire Marshals Office has further requested that the Board address deficiencies 16 - 33 of its revised January 25, 2002 inspection report.  Accordingly, the numbers of the Decision below shall reflect the above sequence.
	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 
	5.	During the September 10, 2002 hearing on this matter, the Board was advised that the Applicant had enclosed the open stairs at the first floor level.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the egress door as is.  In granting this variance, it is the understanding of the Board that the people utilizing this system are completely mobile and capable of self-preservation.
	6.	The Board hereby accepts the Applicants plan of action to provide a fire door in the original building providing enclosure at the top of the cited stairs.  The Applicant shall further have a time variance of two (2) weeks from the date of this Decision in order to correct the kitchen door to the satisfaction of the State Fire Marshals Office.  Finally, the Applicant shall be granted a time variance of ninety (90) days from the date of this Decision in order to bring the remaining portion of this facility into compliance as outlined in items 16 through 33 below.  In light of the Applicants good faith efforts to bring this facility into full compliance, the Applicant shall be allowed to occupy the second floor of this facility.
	16-21.	It is the understanding of the Board that the Applicant has corrected deficiencies 16, 17, 18, 19 and 21, at the direction and to the satisfaction of the State Fire Marshals Office.
	22.	The Board hereby grants a variance from the provisions of Section 5-2.2.6.4 in order to allow the Applicant to provide a one hour exterior rated door from the kitchen of this facility.  The above doors shall be installed so as to protect the fire escape system of this facility.  In granting this variance, the Board notes that the fire escape system serves only the second floor on which approximately two (2) clients capable of self-preservation are located.  The above doors shall be installed within two (2) weeks from the date of this Decision.
	23.	The Board notes that there is no deficiency 23 listed in the inspection report.	
	24.	The Board hereby directs the Applicant to correct deficiency 24 by providing the basement of this facility with approved group type A, externally illuminated exit signs, installed at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	25.	The Board hereby grants a variance from the provisions of Section 22-3.2.5.1 and 5-5.2.1 in order to allow the Applicant to maintain a clear path of travel through the cited room to the exit door of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices on the bedroom door through which access to the fire escape system is achieved.
	26.	It is the understanding of the Board that the Applicant has corrected that portion of the Deficiency 26 referring to the administration office.  The Board hereby directs the Applicant to correct the remainder of deficiency 26 by providing the sprinkler system of this facility with approved quick response heads, installed at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	27.	It is the understanding of the Board that the Applicant has corrected deficiency 27, to the satisfaction of the State Fire Marshals Office.
	28.	A.  The Board hereby directs the Applicant to correct deficiency 28A, by providing the single station smoke detectors in the patient sleeping rooms with approved battery backup, at the direction and to the satisfaction of the State Fire Marshal, within ninety (90) days from the date of this Decision.
		B.  The Board hereby directs the Applicant to correct deficiency 28B, by interconnecting the smoke detectors in the common hall and basement in the original building, with the fire alarm system of this facility, at the direction and to the satisfaction of the State Fire Marshal, within ninety (90) days from the date of this Decision.
		C.  The Board hereby grants a variance from the provisions of Section 23-28.25-4 in order to allow the Applicant to maintain the existing single-action pull stations within this facility.  The Board directs the Applicant to provide a key for the pull stations at the control panel.
		D.  The Board hereby directs the Applicant to correct deficiency 28D, by providing approved smoke detectors at the top of the basement stairs within this facility, at the direction and to the satisfaction of the State Fire Marshal, within ninety (90) days from the date of this Decision.
	29.	The Board hereby grants a variance from the provisions of Section 22-3.2.2.2 in order to allow the Applicant to maintain a deadbolt on the cited office door.  In granting this variance, the Board directs the Applicant to provide a NOT AN EXIT sign on the cited door.
	30.	The Board hereby grants a variance from the provisions of Section 22-3.2.3.3 in order to allow the Applicant to maintain the existing cited corridor width of the front and rear halls of this facility.  The above variance is based on structural hardship.
	31.	The Board hereby grants a variance from the provisions of Sections 22-3.2.2.2 and 5-2.1.4.4 in order to all the Applicant to maintain the cited closet door.  In granting this variance, the Board directs the Applicant to provide the cited closet door with approved spring-loaded hinges, installed at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	32.	The Board directs the Applicant to correct deficiency 32, by sealing off the cited holes and penetrations in the ceiling of the basement as far as practicable to the satisfaction of the State Fire Marshal.  Specifically, when the State Fire Marshals Office is satisfied that the Applicant has made its best efforts to correct this deficiency, the Board shall also be satisfied.  The Board recognizes that full and complete compliance with this deficiency could impose a structural hardship upon the Applicant.  Accordingly, the parties are directed to substantially comply as outlined above.
	33.	The Board hereby grants a variance from the provisions of Section 22-3.2.2.3, 5-2.2.6, 5-2.2.6.1, and 5-7.6 in order to allow the Applicant to maintain the second means of egress from the second floor of this facility.  In granting this variance, the Board directs the Applicant to provide an approved steel grate from the cited exit door, across the cited combustible roof, to the cited open wooden stair.
	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)].