The above captioned case was scheduled for a hearing on February l9, 2002 at l:00  p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Newbrook, O’Connell, Fang, Filippi and Burlingame were present. The fire service was represented by Deputy State Fire Marshal David Curran and Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote by Member Burlingame.

FINDING OF FACT

During the February l9, 2002 hearing on this matter, the Board was advised and finds that this is a one- (l) story wood frame building with a supervised sprinkler system.  It is the further findings of the Board that this facility is also protected by a supervised fire alarm system and is built on a slab foundation with a partial basement.  Further, it is the understanding of the Board that an emergency generator protects this facility.

The numbers of the Decision below correspond with those of an April 4, 2001 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 during the February 19, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby directs the Applicant to correct deficiency #l in accordance with the plan outlined in item #3 below.

2. It is the understanding of the Board that upon completion of the plan outlined in item #3, item #2 will no longer be a violation of the State Fire Code.

3. The Board hereby grants the Applicant a time variance in order to allow occupancy of the existing facility until July l, 2002.  At that time, it is the understanding and direction of the Board that patients shall be relocated to a new addition.  After the relocation, the Board directs the Applicant to vacate the closet in the administrator’s office and to provide sprinkler coverage in the whirlpool room behind the small wall that contains the controls for the whirlpool and to unblock the sprinkler heads in the janitor’s closet and the shower area.  The above sprinkler corrections are to be made prior to reoccupancy of the vacated area, at the direction and to the satisfaction of the State Fire Marshal’s Office.

4-l3. The Board directs the Applicant to correct deficiencies #4, 5, 6, 7, 8, 9, l0, ll, l2 and l3, at the direction and to the satisfaction of the State Fire Marshal’s Office.

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.

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.  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.  

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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.
	
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.  [RIGL 42-35-l5(c)].

This decision was mailed on 5-15-02.