As indicated in the file, a hearing involving the above-captioned property was conducted on September 27, 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: Chairman Newbrook and Commissioners Filippi, Jackson, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy  State Fire Marshal Hannah Burnes of the State Fire Marshals Office.
APPLICANT: Gary Minassian and Joseph Gouveia.
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 Gary Minassian (owner) of Crestwood Nursing & Rehabilitation Center, 568 Child Street, Warren, RI dated August 1, 2016.
3.	The Application was received by the Board and File  160116 opened on August 5, 2016.
4.	The property was most recently before the Board on August 2, 2011 at which time Decision  100298A was issued dated October 27, 2011.
5.	A hearing on the Application was conducted on September 27, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Filippi to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160116 and are pertinent to the decision rendered:

1.	Variance Application  160116 dated August 1, 2016 and filed on August 5, 2016.
2.	State Fire Marshals Office Inspection Report dated July 14, 2016.
3.	State Fire Marshals Office Building Description dated [undated].
4.	Decision  100298A dated October 27, 2011.

EXHIBITS

The following documents were presented at the September 27, 2016 hearing as exhibits:

1.	Applicants photograph (7) [undated].

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 July 14, 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 September 27, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the July 14, 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 2-story health care occupancy consisting of approximately eight thousand seven hundred fifty-seven (8,757) square feet and originally built in 1960.
3.	The building is of Type V (000) construction and has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The facility has been licensed by RIDOH for seventy-six (76) clients.
5.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.2.1 and 7.1.5.3 by allowing the headroom in the existing interior stairwell to remain as an existing condition based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to install headroom hazard marking, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 19.2.3 by allowing the north and west wing corridor width to remain as an existing condition based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to develop and submit a plan of action to the State Fire Marshal's Office within thirty (30) days of the date of the decision, which addresses the minimization of equipment and supplies stored in the corridors and the actions to be taken by staff during drills and emergency events.
3.	This deficiency has been corrected.
4.	This deficiency has been corrected.
5.	This deficiency has been corrected.
6.	This deficiency has been corrected.
7.	This deficiency has been corrected.
8.	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).

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: Fire Safety Code, 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: Fire Safety Code, 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: Fire Safety Code, 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:  Fire Safety Code, 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: Fire Safety Code, 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)].