The above captioned case was scheduled for hearing on October 22, 2002 at 1:00 P.M.  At that time, Chairman Burlingame and Commissioners Filippi, Coutu, Wahlberg, OConnell, Newbrook, Richard and Preiss were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook 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 18, 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 October 22, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 18, 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.	It is the understanding of the Board that a variance covering deficiency 1 was granted on June 17, 1986.
2.	It is the understanding of the Board that deficiency 2 is Grandfathered and not being requested by the State Fire Marshals Office.
3.	During the October 22, 2002 hearing on this matter, the Board was advised that a variance had previously been granted to allow occupancy of the basement apartment of this facility by a particular client who was certified by West Bay Residential Services as being capable of self-preservation in the event of fire.  The Applicant now wishes to introduce a new client on the lower level of this facility.  In its original Decision, the Board directed the Applicant to return prior to placing a new client on the basement level of this facility.  In order to address this situation in the future, both the Applicant and the State Fire Marshals Office requested that occupancy of the lower level be granted pursuant to general guidelines as opposed to a specific individual.  Accordingly, the Board hereby grants a variance from the provisions of Section 23-28.30-38 in order to allow the Applicant to occupy the lower level of this facility by a client who is deemed ambulatory and capable of self-preservation by the providers psychologist and who is further approved for occupancy of this level by the MHRH staff overseeing this facility.  Accordingly, the current occupant of the lower level of this facility and any future occupants shall be allowed to occupy pursuant to the above standard.
4-6.	It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5 and 6 to the satisfaction of the State Fire Marshals Office.

	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)].