The above-captioned case was scheduled for hearing on April 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jasparro, Dias, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Filippi and Dias 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 a April 3, 2008 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the April 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2008 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 or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the April 13, 2010 hearing on this matter, the Board was advised that the Applicant's plan for a municipally connected fire alarm system had been approved.  Accordingly, as part of the total time package for this project, the Board hereby grants the Applicant a period of thirty (30) days from the date of this decision for any final plan approval and an additional 120 days in which to install the municipally connected fire alarm system in accordance with the plan, at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The Board hereby authorizes the North Providence Fire Marshal's office to extend the above deadline for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in which to correct deficiency 2 by providing this facility with approved carbon monoxide detection at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in which to correct deficiency 3 by providing the cited apartment doors with approved closers at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	4.  The Board hereby grants the Applicant a time variance, as outlined in item 1 above, in order to provide the cited stairwell doors with approved panic hardware, at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	5.  During the April 13, 2010 hearing on this matter, the Board was advised by the Applicant that he had corrected deficiency 5 by providing this hazard area with an approved domestically supplied sprinkler head.  Upon confirmation by the North Providence Fire Marshal's office, the Board will consider this deficiency to have been corrected by the Applicant.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with both interior and exterior emergency lighting at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	7.  The Board hereby grants the Applicant a time variance as outlined in item 1 above in order to provide this facility with an approved key access box installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance of two (2) weeks from the date of this decision in which to correct deficiency 8 by providing this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	9.  During the April 13, 2010 hearing on this matter, the Board was advised that the windows utilized as emergency means of egress from the basement apartments would need to be enlarged at the direction and to the satisfaction of the North Providence Fire Marshal's office.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 1 above in which to correct deficiency 9 by providing the two apartments in the basement of this facility with windows that are enlarged, at the direction and to the satisfaction of the North Providence Fire Marshal's 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)].