The above-captioned case was scheduled for hearing on July 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Preiss, Blackburn, Jasparro and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was passed with Commissioner Richard abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 11, 2009 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the July 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the May 11, 2009 inspection report 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 State Fire Marshal or his designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by sealing the cited three (3) vertical shafts that were formerly used as trash chutes with sheet rock at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby grants the Applicant a time variance for the correction of this and all of the other deficiencies within this facility as follows.  The Applicant shall have thirty (30) days from the date of this decision in which to conduct an analysis of the deficiencies and review of the proposed plan of correction.  The Applicant shall have an additional thirty (30) days in which to submit the proposed plan of correction to the Providence Fire Marshal's office for review and approval.  Finally, the Applicant shall have an additional 120 days in which to bring the facility into compliance with the code in accordance with this decision.
	2.  The Board hereby directs the applicant to correct deficiency 2 by permanently sealing the window holes in the unenclosed vertical ventilation shaft that extends from the basement to the roof of this facility.  The Board further directs the Applicant to provide the bathrooms with approved mechanical ventilation, if deemed necessary by the Providence Fire Marshal's office.  The Applicant shall have the above 180 day time period in which to make these corrections.
	3.  During the July 28, 2009 hearing, the Board was advised that the subject facility consisted of a twenty-unit front portion that appears to be three stories in height.  The Board was further advised that the facility maintains an eight-unit rear part that appears to be four stories, which would require sprinkler coverage.  The Board has been advised that these parts of the building are separated by approved separation.  Accordingly, the Board shall grant the Applicant thirty (30) days in which to document the separation of the front and rear parts of this facility by a professional certifying that there is proper certification.  Assuming that there is proper separation, the Applicant shall have the time period outlined in item 1 above, in which to provide the eight-unit rear portion of this facility with approved sprinkler coverage installed in accordance with NFPA 13R standards.  
	4.  During the July 28, 2009 hearing on this matter, the Board was advised that the Applicant needed additional relief from the fire escapes servicing this facility.  Specifically, the Board hereby grants a variance in order to allow the Applicant to maintain the existing lead to ground on the basis of security hardship.  The Board further grants a variance in order to allow the Applicant to maintain the fire escape access window size.  The above relief is granted pursuant to the Applicants agreement to upgrade this facility as outlined above.

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)].