The above-captioned case was scheduled for hearing on April 6, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Filippi, Richard, Walker, Preiss, Dias, Jasparro and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Filippi 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 April 19, 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 6, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 19, 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.  

Specifically, the Board finds that this facility is a three-story apartment building that appears to be classified as a Type V (111) brick veneer construction.  The Board further finds that the first floor consists of a boiler room, a laundry room and two (2) unfinished apartments.  The Board further finds that the second and third floors each consist of two (2) bedroom units.  The Board further finds that each unit has two separate means of egress.  The Board finds that the primary means from each unit is a stairwell in the front of the building and a second means is provided by a second stairwell in the rear of the building.  The Board further finds that the building is heated with a forced hot water system with a gas fired boiler located in the basement. 

The Board further finds that the building maintains a local fire alarm system and that the building does contain emergency lighting and illuminated exit signage.  The Board further finds that the Applicant maintains fire extinguishers within the building but, as of the date of the hearing, these extinguishers are missing inspection tags.  Finally, the Board finds that the building is heated with forced hot water through four (4) gas fired 80,000 BTU boilers and that the boiler room also contains four (4) thirty-gallon gas fired hot water tanks and one forty-gallon tank.

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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited stairwell doors with approved exit panic hardware installed at the direction and to the satisfaction of the North Providence Fire Marshals' office.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to prepare and present plans to the North Providence Fire Marshal's office for the correction of this deficiency.  The Board grants the Applicant an additional 120 days in which to implement the above plans by sealing off the cited penetrations in the boiler room area, as far as practicable, at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The Board notes that when the North Providence Fire Marshal's office is satisfied, the Board will be satisfied with the correction of this deficiency.
	3.  During the April 6, 2010 hearing on this matter, the Board was advised that item 3 would involve the Applicant turning back a single handrail on one of the staircases within this facility.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 2 above in which to correct deficiency 3 by turning back the cited handrail, at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved exterior emergency lighting.  
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing the cited fire extinguishers with approved certifications to the satisfaction of the North Providence Fire Marshal's office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with an approved key access box.  The Board hereby directs the Applicant to provide the box with new keys 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)].