The above-captioned case was scheduled for hearing on October 24, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Filippi, O'Connell, Richard, Pearson, Burlingame, Newbrook, Evans and Coutu were present.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of member Burlingame.

FINDINGS OF FACT
	
The Board finds that this is the existing three-story masonry building converted to an assisted living facility. It is the understanding and finding of the Board that the Applicant requested review of this existing facility, by the State Fire Marshal’s Office, as an F2 licensed care facility.  Pursuant to the Applicant's request, the State Fire Marshal conducted a primary plan review and further commented on an August 30, 2000 response submitted by the Applicant. During the October 24, 2000 hearing on this matter, the Board was advised that the Applicant requested three variances.  The Board was further advised that the Applicant would comply with all of the remaining directives of the State Fire Marshal's office.
	
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 23-28.13-12(c) and NFPA Standard 101, section 5-2.1.2.2 in order to allow the Applicant to maintain the three existing 5-foot wide exterior masonry door openings of this facility.  The Applicant shall further be allowed to maintain the existing pair of active 30-inch doors in each of the above masonry door openings.

2. The Board hereby grants a variance from the provisions of section 23-28.13-11 and NFPA Standard 101, section 5-2.2.3.1.2 in order to allow the Applicant to maintain the existing construction, configuration and fire rating of the stairway servicing the first through third floors of this facility.  In granting this variance, it is the understanding of the Board that this stairway serves as a second means of egress only from the basement level.  It is further understanding of the Board that this level of the total maximum occupancy of 11 people.

3. The Board hereby grants a variance from the provisions of sections 23-28.13-2 NFPA Standard 101, section 7-7.1, and section 23-28.25-4 to allow for the deletion the sprinkler heads in the four electrical rooms within this facility.  In granting this variance, it is the understanding direction of the Board that the electrical rooms shall be fire rated, locked off and not used for any type of storage.  The Board further directs the Applicant to provide is rooms with approved he and smoke detection.  Finally, if approved by the Bristol Fire Chief, the Board grants the Applicant option of maintaining the sprinklers, with approved shields, installed at the direction and to the satisfaction of the Bristol Fire Chief.	

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)].