The above-captioned case was scheduled for hearing on November 12, 2002 at 1:00 P.M.  At that time Vice Chairman Richard and Commissioners Filippi, Coutu, Pearson, Wahlberg and Newbrook were present.  The opinion outlined herein represents an advisory opinion to both the Providence Fire Marshal and the RI Department of Health is hereupon advised that the Department of Health may have its own internal procedures for compliance with its regulations and the Applicant may need to utilize those procedures in presenting this advisory opinion to the department. A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to prove the Applicant with the advisory opinion outlined below.  The motion was unanimous.
 
FINDINGS OF FACT
	The Board finds this to be a mixed-use facility comprised of regular apartment units and assisted living units licensed as F2.  The Board further finds that because of the size of the building and the diversity of the resident population, the Applicant has requested relief from the fire drill evacuation requirements outlined in R23-7.4 and RCAK 25.9.2 of the RI Department of Health Rules and Regulations for licensing residential care and assisted living facilities.  Specifically, the regulation requires quarterly fire drill evacuations.
	While the Board cannot grant a direct variance to the above provisions, which are regulations of the Department of Health the Board can grant relief from the fire code provisions covering this facility.  The Board can further provide an advisory opinion to the Department of Health, the Board can grant relief from the fire code provisions covering this facility.  The Board can further provide an advisory opinion to the Department of Health as to the quarterly fire drill evacuations.  It is the further understanding of the Board that all other fire code deficiencies within this facility have corrected by the Applicant.
	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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from those fire code provisions covering this facility which would require complete evacuation during fire alarm drills.  As a condition of this variance, the board authorizes the Providence Fire Marshals Office to work with the Applicant to develop a plan for fire drills without the need of total building evacuation.  This relief is granted pursuant to the Applicants ability to defend and place to nature of the residents living within this high-rise complex.  With regard to the Department of Health regulations, the Board respectfully submits its advisory opinion that compliance with a plan for fire drills without total evacuation, approved by the Providence Fire Marshals Office, should provide the residents of this facility with sufficient familiarity with the evacuation procedure without putting the same residents at risk of accident during the evacuation drills.  This opinion is only advisory in nature.  Accordingly, the Applicant may have to avail herself of the internal appellate procedure of the Department of Health in order to secure the requested relief.
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)].