The above-captioned case was scheduled for hearing on August 7, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester and Burlingame were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a June 22, 2012 inspection report (12-351-IS) compiled by the State Fire Marshals Office.  The numbers of the decision below further correspond with an August 2, 2012 plan of action report compiled by Hughes Associates on behalf of the Applicant.  Accordingly, the Board hereby incorporates the June 22, 2012 inspection report along with the August 2, 2012 plan of action 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. 
	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).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (12-313-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited manual fire alarm boxes at their existing height.  
	2.  (12-314-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 2 by providing the required manual fire alarm box within five (5) feet of the cited exit doorway.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  
	3.  (12-339-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by upgrading the remaining manual fire alarm boxes within this facility. 
	4.  (12-340-VN).  During the August 7, 2012 hearing on this matter, the Board noted that the new fire codes may not have the requirement for heat detection above certain ceilings.  Accordingly, the Board hereby grants the Applicant a time variance until March 31, 2013 to either address deficiency 4 if it is still a requirement of the code or, if it is not a requirement of the code, to consider deficiency 4 moot.  In any event, the Applicant is directed to provide the State Fire Marshals Office indicating that there shall be no storage in the ceiling of this facility.
	5.  (12-341-VN).  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 5 by providing the required smoke detection in the stairwell floor landings.
	6.  (12-343-VN).  It is the understanding of the Board that item 6 is moot.
	7-9.  (12-347-VN, 12-348-VN and 12-349-VN).  It is the understanding of the Board that deficiencies 7, 8 and 9 have been corrected by the Applicant.
	10.  (12-386-VN).  During the August 7, 2012 hearing on this matter, the Board was advised and finds that the patients of this facility are limited to the first floor and that the second and third floors are utilized as offices.  Accordingly, there is non-separated space serving two (2) occupancies.  The Board hereby grants a variance in order to allow the Applicant to maintain the non-separation between the patients on the first floor and the offices on the second and third floors of this facility provided patients are never installed on either the second or third floor of this facility.
	11-12.  (12-389-VN, 12-390-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 11 and 12.
	13.  (12-394-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 13 by providing sprinkler coverage to the enclosed patio areas, at the direction and to the satisfaction of the State Fire Marshals Office.
	14.  (12-312-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom in the stairway of the older section of this building near the laundry room.  In granting this variance on the basis of limited occupancy and structural hardship, the Board hereby directs the Applicant to provide this area with an approved warning sign, at the direction and to the satisfaction of the State Fire Marshals Office.

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 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: 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 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 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 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].