As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, December 12, 2017 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Pearson, Jackson, Sylvester, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals David Pastore, David DiMaio and Michael Macaruso of the State Fire Marshals Office.
APPLICANT: Attorney Mark Russo and Robert Wilkinson, P.E.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL 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 John Holiver (owner) of Prospect CharterCare SJHSRI, 200 High Service Avenue, North, Providence, RI dated October 25, 2017.
3.	The Application was received by the Board and File  170140 was opened on October 27, 2017.
4.	A hearing on the Application was conducted on December 12, 2017 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 Jackson and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170140 and are pertinent to the decision rendered:

1.	Variance Application  170140 dated October 25, 2017 and filed on October 27, 2017.
2.	State Fire Marshals Office Inspection Report dated September 29, 2017.

EXHIBITS

The following documents were presented at the December 12, 2017 hearing as exhibits:

1.	AHJs status report and compliance approach dated December 12, 2017.
2.	Applicants Sprinkler Plan of Action dated December 8, 2017.

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 September 29, 2017 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 December 12, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the September 29, 2017 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 5-story with basement health care occupancy consisting of approximately three hundred twelve thousand five hundred two (312,502) square feet (gross area) and originally built in 1953.
3.	The building is of Type II (222) construction, does not have a fully compliant fire alarm system and is provided with a partial automatic sprinkler system.
4.	The facility has been licensed by the RI Department of Health for three hundred sixty-five (365) beds.
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.	EGRESS: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 19.3, 8.6.5 and 7.1.3.2 by allowing the existing fifth floor engineering room  29 to open into the egress stairwell and by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	This deficiency has been corrected.
3.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance of ninety-six (96) days from the date of the decision to comply with the provisions of RILSC sections 19.5 and 9.1.2 and NFPA 70 (2014) article 110.26 by providing an approved rated door assembly for the basement engineering room  4, at the direction and to the satisfaction of the State Fire Marshal's Office.
4.	OPENING PROTECTIVES: The Board hereby grants the Applicant a time variance of ninety-six (96) days from the date of the decision to comply with the provisions of RILSC sections 19.5 and 9.1.2 and NFPA 70 (2014) section 110.26 by providing an approved rated door assembly for the basement engineering room near the nursing education area, at the direction and to the satisfaction of the State Fire Marshal's Office.
5.	FIRE ALARM: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 19.3.4 and 9.6.1.3 by providing this facility with an approved fire alarm system in accordance with section 9.6, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	This deficiency has been corrected.
7.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.2 and 7.1.5 by allowing the existing headroom in the Chapel south 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 provide cautionary markings, at the direction and to the satisfaction of the State Fire Marshal's Office.
8.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.2 and 7.1.5 by allowing the existing headroom in the Chapel north 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 provide cautionary markings, at the direction and to the satisfaction of the State Fire Marshal's Office.
9.	EGRESS: The Board hereby grants the Applicant a time variance of ninety-six (96) days from the date of the decision to comply with the provisions of RILSC section 19.2.5 by reconfiguring the noncompliant Chapel egress and installing egress markings and signage, at the direction and to the satisfaction of the State Fire Marshal's Office.
10.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 19.2.5 by allowing the existing dead-end corridors on the second, third and fifth floors to remain as an existing condition based upon a structural hardship.
11.	EGRESS: The Board hereby grants the Applicant a time variance of ninety-six (96) days from the date of the decision to comply with the provisions of RILSC sections 19.1.3.9 and 13.2.4.2 by providing an approved second means of egress from the assembly space near the cafeteria, at the direction and to the satisfaction of the State Fire Marshal's Office.
12.	EGRESS: The Board hereby grants the Applicant a time variance of ninety-six (96) days from the date of the decision to comply with the provisions of RILSC sections 19.2 and 7.5.2 by providing an approved second means of egress from the cafeteria, at the direction and to the satisfaction of the State Fire Marshal's Office.
13.	EGRESS: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 13.2.5 and 7.1.9 by reconfiguring the egress system for the Chapel and by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.
14.	EGRESS: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 19.3, 8.6.5, 7.1.3.2.1 and 7.2.1.8 by allowing the existing elevator equipment room to open into the exit access corridor and by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.
15.	INTERIOR FINISH: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 19.3.3.2, 10.2.8.1 and 10.2.42 by allowing the existing corridor wainscoting and wallpaper interior finishes to remain in place and by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.
16.	SUBDIVISION OF BUILDING SPACES: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 19.3.7, 8.5.6.1 and 8.5.6.2 by allowing the existing smoke barriers in the patient compartments to remain in use and by providing this facility with an approved automatic sprinkler system in accordance with section 9.7, at the direction and to the satisfaction of the State Fire Marshal's Office.  It is the understanding of the Board that all penetrations of these smoke barriers have been sealed to the satisfaction of the State Fire Marshal's Office.
17.	SPECIAL HAZARD PROTECTION: The Board hereby grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC sections 8.7, 8.7.3, 8.7.3.1 and 9.3.6 by developing and providing the basement histology laboratory of this facility with an approved plan of action for the handling, use and storage of flammable liquids, and an additional six (6) months to implement the plan, at the direction and to the satisfaction of the State Fire Marshal's Office.  In consideration of the relief granted herein, the Board directs the Applicant to provide OSHA certification training to all affected employees within sixty (60) days of the date of the decision, at the direction and to the satisfaction of the State Fire Marshal's Office.  The Board directs that this file may be reopened if necessary in order to allow the Applicant to return in the future should additional relief be required for the completion of this deficiency.
18.	FIRE ALARM: The Board hereby grants the Applicant a time variance of three hundred sixty (360) days from the date of the decision to comply with the provisions of RILSC sections 19.7.1.4, 9.6.5.4 and 9.6.5.2 by providing this facility with an approved fire alarm system manual override switch in accordance with section 9.6, at the direction and to the satisfaction of the State Fire Marshal's Office.

In addition to the relief granted above, the Board hereby adopts and approves the Applicants plan of action for the alternate sprinkler design for the basement service corridor as set forth in the December 8, 2017 Wilkinson Associates, Inc. consulting engineers report.  The Board further authorizes the AHJ to approve a modification to the customary spacing and installation design standards for the spot-type smoke detectors required in this corridor.

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 constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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 [FSC] 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: FSC 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 FSC or a revision of the above-cited classification.  (See: FSC 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 RIGL section 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:  FSC section 6-2-25).
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section42-35-12, 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: FSC section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].