As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, April 10, 2018 before a subcommittee of 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 and Commissioners Pearson, Jackson and Booth.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal David Pastore and Chief Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: Wade Palazini, Michael Waschevski, Michael Souza and Kenneth Jones.
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 Michael Waschevski (authorized representative) of Landmark Medical Center, 115 Cass Avenue, Woonsocket, RI dated January 11, 2018.
3.	The Application was received by the Board and File  180027 was opened on February 27, 2018.
4.	A hearing on the Application was conducted on April 10, 2018 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review including Chairman Newbrook and Commissioners Booth, Jackson and Pearson.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Pearson and seconded by Commissioners Booth and Jackson to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on April 17, 2018 at which time Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Filippi, Jackson, Sylvester, Booth and Thornton were in attendance.  At that time a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote with Vice-Chairman Blackburn abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180027 and are pertinent to the decision rendered:

1.	Variance Application  180027 dated January 11, 2018 and filed on February 27, 2018.
2.	State Fire Marshals Office Inspection Report dated January 2, 2018.
3.	Letter of authorization for Michael Waschevski from Michael R. Sousa dated February 26, 2018.
4.	Reschedule Notice dated March 14, 2018.
5.	Applicants [Jensen Hughes] plan of action dated April 6, 2018.
6.	Applicants [Jensen Hughes] revised plan of action dated April 9, 2018.

EXHIBITS

The following documents were presented at the April 10, 2018 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 January 2, 2018 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 April 10, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the January 2, 2018 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 facility consists of an existing 5-story with basement health care occupancy consisting of approximately two hundred twenty-eight thousand eighty-six (228,086) square feet (gross area) and originally built in 1924, with additions in 1951, 1962, 1964, 1981 and 2005.
3.	The buildings are of Type II construction, have a compliant fire alarm system and are provided with an approved partial automatic sprinkler system.
4.	The facility has been licensed at two hundred (214) 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.	MINIMUM CONSTRUCTION: The Board hereby grants the Applicant a time variance until January 1, 2019 to comply with the provisions of RILSC section 19.1.6 by providing increasing the fire protection rating for the existing dean columns in the so-called 1924 building bringing the construction type into compliance with Type II (222).  The Board further grants the Applicant a variance for the so-called 1951 building allowing the existing steel ceiling/roof deck to remain in use, subject to upgrading the firestopping within the stair exit enclosure, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	This deficiency has been corrected.
3.	This deficiency has been corrected.
4.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by allowing the existing ceiling height with projections in the basement tunnel corridor to remain in use based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to provide approved hazard markings for any height restrictions, at the direction and to the satisfaction of the State Fire Marshal's Office.
5.	EGRESS: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 19.2.5.2 by removing the magnetic hold-open devices on the existing doors to the Maternity Unit, eliminating the existing dead-end corridor.  In consideration of the relief granted herein, the Board directs the Applicant to provide automatic door openers for these doors and to install signage indicating that the doors are to remain closed at all times, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	It is agreed to by the parties that this item is in compliance.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency has been corrected.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	FIRE ALARM: The Board hereby grants the Applicant a time variance of sixty (60) days to comply with the provisions of RILSC section 19.3.4.5 by providing fire alarm detection in the sub-basement, at the direction and to the satisfaction of the State Fire Marshal's Office.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	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 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 450-RICR-00-00-1.7.2(V)].
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 450-RICR-00-00-1.7.2(W)].  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 450-RICR-00-00-1.7.2(X)].
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 450-RICR-00-00-1.7.2(Y)].
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 section 42-35-12, 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 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].