The above captioned case was scheduled for hearing on May 21, 2002 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners OConnell, Wahlberg, Coutu, and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner Coutu 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 an April 24, 2002 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 21, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 2002 inspection report as its initial findings of fact.
	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 
1-3.	It is the understanding of the Board that a variance covering deficiencies 1, 2 and 3 has been previously granted.
4.	The Board hereby grants variances from the provisions of Sections 18-2.5, 18-2.5.1 and 5-5.2.1 in order to allow the Applicant to maintain access through the egress system of this facility by traversing a kitchen.  This variance is based upon structural hardship pursuant to the Boards understanding that there would be no realistic way to modify the situation.
5.	The Board hereby directs the Applicant to correct deficiency 5 by providing approved one (1) hour doors in the existing cited door jambs, at the direction and to the satisfaction of the State Fire Marshals Office before occupancy.
6.	It is the understanding and direction of the Board that the Applicant shall provide this facility with approved emergency lighting, at the direction and to the satisfaction of the State Fire Marshals Office before occupancy.
7.	The Board hereby directs the Applicant to correct deficiency 7 by providing approved exit signage in the vicinity of the cited door of the common hallway on the first floor.  The above exit signage shall be installed at the direction and to the satisfaction of the State Fire Marshals Office before occupancy.
8.	The Board hereby grants a variance from the provisions of Sections 26-2.2.2, 26-2.2.2.1 and 5-2.1.4.4 in order to allow the Applicant to maintain the cited swing of the bathroom door.  In granting this variance, the Board directs the Applicant to provide the bathroom door with approved spring-loaded hinges installed at the direction and to the satisfaction of the State Fire Marshals Office before occupancy.  Finally, this variance is granted pursuant to the Boards understanding that the occupancy shall be no more than twenty (20) and that the normal occupancy would be between six and ten persons.  Finally, it is the understanding of the Board that the door must be swung this way because of accessibility issues.
9.	The Board hereby directs the Applicant to correct deficiency 9 by reinstalling the cited lights so as not obstruct the sprinkler heads on the first floor corridor of this facility to the satisfaction of the State Fire Marshals Office before occupancy.

	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)].