The above-captioned case was scheduled for hearing on March 23, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Preiss, Richard, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Captain Brian Kreizinger of the Providence Fire Marshal's Office .  A motion was made by Commissioner Richard and seconded by Commissioner 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 March 22, 2010 follow-up inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Providence Fire Marshal's Office and the State Fire Marshals Office during the March 23, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2010 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 March 23, 2010 hearing on this matter, the Board was advised that it had granted a variance for the evacuation of the occupants of this facility in accordance with a plan of action.  The Board hereby reinstates the original variance with regard to the evacuation of this facility in accordance with a plan of action reviewed and approved by the State and Providence Fire Marshals' offices.  The Providence Fire Marshal's office has advised that it had no objection to the State Fire Marshal's plan of action for this facility.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 2 by providing the cited controlled access doors on the north side of the lobby with either approved panic hardware or an approved motion sensor on the egress side and to connect these into the fire alarm system at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	3-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4 and 5 at the direction and to the satisfaction of the Providence and State Fire Marshals' offices.
	6.  The Board hereby grants a variance from the provisions of section 19.2.5.1 in order to allow the Applicant to maintain the existing egress path from the compactor room through the mechanical room of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the cited areas are covered with sprinklers.
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the Providence and State Fire Marshals' offices.
	9.  The Board hereby grants the Applicant a time variance of thirty-six (36) months from the date of this decision in which to correct deficiency 9 by providing approved dampers in the stove vent system from each apartment of this facility at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 10 by sealing off the cited penetrations found in the basement ceiling and further providing approved separation from the maintenance shop that contains the furnace from the rest of the basement area.  In granting this time variance, it is the understanding of the Board that the Providence and State Fire Marshals' offices have no objection in light of the sprinkler coverage in this area.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  The Board hereby grants the Applicant a time variance of thirty-six (36) months from the date of this decision in which to correct deficiency 12 by upgrading the sprinkler coverage throughout this facility at the direction and to the satisfaction of the State and Providence Fire Marshals' offices in accordance with the standards for existing high-rise buildings.
	13-14.  The Board hereby grants the Applicant a thirty-six (36) month time variance in which to correct deficiencies 13 and 14 by sealing off the cited penetrations in the walls and ceilings at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	15.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct deficiency 15 by providing this facility with approved smoke compartments separated by two-hour walls with 1 hour B labeled doors, installed at the direction and to the satisfaction of the State Fire Marshal's office.  Specifically, the State Fire Marshal shall be allowed to approve all existing wall assemblies as part of this compartmentalization process. 
	16-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 16 and 17, at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	18.  As part of the plan of action for this facility, the Applicant is to provide this facility with an approved high-rise fire alarm system within thirty-six (36) months as outlined herein, at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.  Accordingly, the Applicant shall have that same period of time in which to correct deficiency 18 by conducting approved fire drills.
	19-20.  It is the understanding of the Board that the Applicant has corrected deficiencies 19 and 20, at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	21-27.  The Board hereby grants the Applicant a time variance of thirty-six (36) months from the date of this decision in order to upgrade the fire alarm system of this facility to the high-rise standards, at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	28.  It is the understanding of the Board that the Applicant has corrected deficiency 28 at the direction and to the satisfaction of the State and Providence Fire Marshals' offices.
	29-30.  The Board hereby grants the Applicant a time variance of thirty-six (36) months from the date of this decision in order to correct deficiencies 29 and 30 as part of the fire alarm system within this complex.


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)].