The above-captioned case was scheduled for hearing on May 13, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a May 12, 2003 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the May 13, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 12, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance on the basis of structural hardship in order to allow the Applicant to maintain twenty-eight inch door width on the bathroom doors of this facility and double thirty-inch cross corridor doors within this facility.
	
2, 3.  It is the understanding of the Board that the Applicant has corrected deficiencies 2 and 3 to the satisfaction of the State Fire Marshal’s office.
	
4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the cited landings within this facility.  This variance is based on structural hardship. 
	
5, 6, 7. It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, and 7.
	
8.  The Board hereby grants a variance in order to allow the Applicant to maintain un-rated windows within the exit access corridors within this facility.  In granting this variance, it is the understanding of the Board that this facility is fully alarmed with a supervised fire alarm system and that it is sprinklered throughout.  Accordingly, it is the understanding of the Board that the State Fire Marshal’s office has no objection.
	
9.  The Board hereby grants a variance from the ceiling height of this facility on the basis of structural hardship.  In granting this variance, it is the understanding of the Board that the facility was originally a nursing home.
	
10.  It is the understanding of the Board that the Applicant has corrected or shall correct the remaining deficiencies in the May 12, 2003 inspection report.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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 6-2-17).
	
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 6-2-18.)  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 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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 6-2-20).
	
The Applicant may appeal the Board’s 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].