As indicated in the file, a hearing involving the above-captioned property was conducted on August 23, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Vice-Chairman Blackburn and Commissioners Pearson, Jackson, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office.
APPLICANT: Kim Waite and John Robinson.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Michele Gerez (authorized representative) of Oak Hill Health & Rehab Center, 544 Pleasant Street, Pawtucket, RI dated January 20, 2016.
3.	The Application was received by the Board and File  160010 opened on January 20, 2016.
4.	The matter was initially before the Board on February 23, 2016 at which time the Applicant was directed to meet with the AHJ to develop a plan of action and to return to the Board in sixty (60) days.
5.	The matter was again before the Board on April 26, 2016 at which time the Applicant advised the Board that ownership of the facility had been transferred and that a design professional has been retained to assist and meet with the AHJ to develop a plan of action.  At that time the Board directed that the Applicant return with a revised plan of action in thirty (30) days.
6.	On June 8, 2016 the Applicant notified the Board by facsimile that the design professional retained to assist with the appeal was not available on June 14th and requested a continuance to the next available date.  DSFM Kiernan of the State Fire Marshals Office was contacted by the Board and had no objection to the requested continuance.
7.	At the August 2, 2016 scheduled hearing Deputy State Fire Marshal Octavio Vieira advised the Board that DSFM Kiernan of the State Fire Marshals Office was unavailable and requested a continuance to the next available date.  The Applicants representative, Kim Waite, was present and had no objection to this request.  On a motion by Commissioner Richard and seconded by Commissioner Filippi that matter was reassigned to August 23, 2016 on a 5 to 0 vote by Chairman Newbrook and Commissioners Richard, Filippi, Booth and Davison.
8.	A subsequent hearing on the Application was conducted on August 23, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
9.	After all evidence was presented at the hearing, a motion was made by Commissioner Jackson and seconded by Commissioner Walker to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160010 and are pertinent to the decision rendered:

1.	Variance Application  160010 dated January 20, 2016 and filed on January 20, 2016.
2.	State Fire Marshals Office Inspection Report  13-124-IS dated February 9, 2016.
3.	State Fire Marshals Office Building Description  71 dated January 5, 2016.
4.	Reschedule Notice dated February 29, 2016.
5.	Letter of authorization for Kim Waite from Michelle Gerez of the Oak Hill Health & Rehabilitation Center dated April 26, 2016.
6.	Reschedule Notice dated April 27, 2016.
7.	Facsimile continuance request from Michelle Gerez dated June 8, 2016.
8.	Email from DSFM Eric Kiernan to the Board dated June 8, 2016.
9.	Reschedule Notice dated June 9, 2016.
10.	Applicants plan of action from Robinson Design, Inc. dated July 22, 2015 [sic].
11.	Letter of authorization for Kim Waite from Michelle Gerez of the Oak Hill Health & Rehabilitation Center dated July 21, 2016.
12.	Reschedule Notice dated August 4, 2016.

EXHIBITS

The following documents were presented at the August 23, 2016 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the February 9, 2016 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 August 2, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the February 9, 2016 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.
2.	The building is an existing 4-story health care occupancy originally built in 1940.
3.	The building is of several mixed types of construction [V (000), V (111), IV (2HH) & II (111)] and is provided with approved sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the State Fire Marshals or Pawtucket Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[13-116-VN]  This deficiency has been corrected.
2.	[13-117-VN]  The Board grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 19.1.6.4 by developing and submitting a plan of action for the correction of the construction deficiencies in the West Wing of the facility.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[13-115-VN]  This deficiency has been corrected.

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Fire Safety Code, section 6-2-22.1.

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].