The above-captioned case was scheduled for hearing on March 27, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners O’Connell, Newbrook, Coutu, Evans, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark P. Vincent of the Hopkins Hill 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 an October 31, 2000 inspection report complied by the Hopkins Hill Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Hopkins Hill Fire Marshal’s Office during the March 27, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October 31, 2000 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. 

Finally, the Board finds that this facility was converted from a single family home to a Board and Care Facility on or about November of 1996. Accordingly, it was correctly reviewed under the provisions of Chapter 13 of the Rhode Island Fire Prevention Code which became effective on June 1, 1996.
	
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 from the provisions of section 22-2.3.1 in order to allow the Applicant to maintain the existing rating of the primary means of escape without the installation of a sprinkler system.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's office.  The above system may further incorporate the existing interconnected smoke and heat detectors within this facility to the satisfaction of the Hopkins Hill Fire Marshal's office.

2. The Board hereby grants a variance from the provisions of section 22-2.3.6.4 in order to allow the Applicant to maintain all of the cited doors, except the first floor doors, without self-closing devices.  This variance allows the Applicant to monitor the activities of the residents on the second floor.  As a condition of this variance, the Board directs the Applicant to provide the above fire alarm system and to further segregate the stairs from the living room by providing the living room with an approved solid core wood door and assembly, installed to at the direction and to the satisfaction of the Hopkins Hill Fire Marshal within 120 days of the date of this decision.  The above door may be further equipped with the hold open device tied to fire alarm system.

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)].

Decision was mailed on 5-02-01.