The above-captioned case was scheduled for hearing by a subcommittee of the Board on July 12, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Executive Director Coffey were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal's office.  The subcommittee recommendation was reviewed by the full Board on July 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and a second 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 June 9, 2006 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 July 12, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the June 9, 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
1.  The Board hereby grants a variance from the provisions of section 7.2.8.1.2.1 in order to allow the Applicant to maintain the existing non-combustible fire escape system as a means of egress from this facility.  This variance is granted on the basis of structural hardship.
2.  As a condition of the variance granted in item 1 above, the Board hereby directs the Applicant to provide the State Fire Marshal's office with sufficient documentation to establish the structural integrity of the existing fire escapes on this facility.  The Board further directs the Applicant to make any repairs necessary in order to ensure the structural integrity of the fire escapes and to maintain the fire escapes in good working order.  The Board hereby grants the Applicant time variance of 120 days in order to provide the above documentation and to make the necessary repairs.
3.  The Board hereby grants a variance from the provisions of sections 39.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing dimensions of the cited fire escape door located at the west end of the second floor hallway.  This variance is granted on the basis of structural hardship.
4.  The Board hereby grants a variance from the provisions of section 7.2.8.3 and table 7.2.8.4.1(a) in order to allow the Applicant to utilize the existing windows as part of the second means of egress from the units of this facility.  This variance is granted pursuant to the Boards understanding that the State Fire Marshal's office will verify the operation of and access to all of the windows servicing the fire escape.  The Board directs the Applicant to work with the State Fire Marshal's office in verifying the operation and access of these windows.
5.  The Board hereby grants a variance from the provisions of section 7.3.8.3 and 7.2.8.3.5 in order to allow the Applicant to maintain the twelve-inch step down to the platform landing from the fire escape door cited in item 3 above.  As a condition of this variance, the Board directs the Applicant to mark the exit door with a warning of the step down, at the direction and to the satisfaction of the State Fire Marshal's office.
6.  It is the understanding of the Board that the Applicant has corrected deficiency 6.
7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
8.  The Board hereby grants a time variance of 120 days from the date of this decision in order to allow the Applicant to provide approved exit signage throughout this facility, at the direction and to the satisfaction of the State Fire Marshal's office.
9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
10.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide the door cited in deficiency 9 with approved panic hardware, at the direction and to the satisfaction of the State Fire Marshal's office.
11.  It is the understanding of the Board that the Applicant has corrected deficiency 11, at the direction and to the satisfaction of the State Fire Marshal's office.

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)].