As indicated in the file, a hearing involving the above-captioned property was conducted on October 4, 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 Richard, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.
APPLICANT: Dana Haagensen.
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 Dana Haagensen (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard --  1002, Warwick, RI dated August 17, 2016.
3.	The Application was received by the Board and File  160119 opened on August 17, 2016.
4.	A hearing on the Application was conducted on October 4, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton 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  160119 and are pertinent to the decision rendered:

1.	Variance Application  160119 dated August 17, 2016 and filed on August 17, 2016.
2.	Letter of authorization for Dana Haagensen from H. Todd Kaestner dated August 17, 2016.

EXHIBITS

The following documents were presented at the October 4, 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 Decision below corresponds with those of the August 17, 2016 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 4, 2016 hearing on this matter.  Accordingly, the Board hereby incorporates the August 17, 2016 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 3-story health care occupancy consisting of approximately one hundred thousand four hundred sixty-seven (100,467) square feet and originally built in 1950.
3.	The building is of Type III (211) construction and has a compliant fire alarm system and is provided with an approved partial automatic sprinkler system.
4.	The facility is licensed by the Rhode Island Department of Health (RIDOH) as an assisted living residence with an F-1 fire code classification for one hundred forty-five (145) residents.
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 grants the Applicant a variance from the provisions of RILSC section 19.1.6.1 allowing the existing third floor of the facility to house the proposed renovation and relocation of the facilitys Memory Care suite.

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)].