The above-captioned case was most recently scheduled for hearing on April 13, 2010 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Pearson, Jasparro and Richard were present. The Providence Fire Marshals Office had originally represented the fire service during the prior hearings covering this complex (as outlined in Decision numbers 010145, 010145A and 010145B).  However, the State Fire Marshals Office has now assumed full jurisdiction over the current case and therefore, fire service was most recently represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Newbrook 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 both an April 1, 2010 inspection report compiled by the State Fire Marshals Office and an April 1, 2010 plan of action and status report submitted, by the Applicant, to the Board.  The above inspection report and plan of action and status report were utilized by the Board, the Applicant and the State Fire Marshals Office during the April 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the above reports 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, shall be 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 submitting the requested plans to the State Fire Marshals Office. It is the further understanding of the Board that the State Fire Marshal shall review the plans and send them to the Providence Building Official. 
2.	It is the understanding of the Board that the Applicant has corrected Deficiency 2 by submitting the requested sprinkler testing and maintenance documentation to the State Fire Marshals Office.
3.	It is the understanding of the Board that the Applicant has corrected Deficiency 3 by providing the pull and junction boxes with approved covers, with the sole exception of the garage, at the direction and to the satisfaction of the State Fire Marshals Office. The Board notes that the garage deficiencies shall be addressed by the Applicant, on or before December 31, 2010, through the complete demolition of the garage. 
4.	It is the understanding of the Board that the Applicant has corrected Deficiency 4, by providing the cited electrical receptacles with approved covers, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	It is the understanding of the Board that the Applicant has corrected Deficiency 5, by properly securing the cited light switch to the wall, at the direction and to the satisfaction of the State Fire Marshals Office.
6.	It is the understanding of the Board that the Applicant has corrected Deficiency 6, by properly enclosing the cited electrical wiring and electrical parts, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	It is the understanding of the Board that, with the exception of the garage slated for demolition, the Applicant has corrected Deficiency 7, by removing all of the abandoned wiring throughout this complex, at the direction and to the satisfaction of the State Fire Marshals Office. As outlined in Item 3 above, the Board has given the Applicant a time variance for the demolition of the garage.
8.	It is the understanding of the Board that the Applicant has corrected Deficiency 8, by replacing the cited extension cords with approved permanent wiring, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	It is the understanding of the Board that the Applicant has corrected Deficiency 9, by removing all of the cited storage in the tenants bathroom and by further restoring the use of this room as a bathroom, at the direction and to the satisfaction of the State Fire Marshals Office. In light of the above, there is currently no requirement for heat detection in this area.
10.	During the April 13, 2010 hearing on this matter, the Board was advised that the elevator, cited in deficiency 10, is utilized only for freight and that the Applicant is planning to replace it, with a compliant passenger elevator, within the next three (3) to five (5) years. Accordingly, the Board hereby grants a time variance, from the provisions of sections 13.8.10.5.14, 39.2.1.1 and 7.1.10.1, in order to allow the Applicant to temporarily maintain this freight-only elevator, without the cited emergency recall upgrades, until the planned new passenger elevator is installed. 
As a further condition of this variance, the Board hereby directs the Applicant to provide the occupants of all of the levels of this complex with the promised exterior egress stairway leading from the third floor to the level of exit discharge. The Board hereby grants the Applicant a time variance, until December 31, 2010, to install the above new egress stairway, servicing all of the floors of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.    
11.	During the April 13, 2010 hearing on this matter, the Board was advised and finds that all of the cited locking devices, with the exception of those in tenant space 214, were removed to the satisfaction of the State Fire Marshals Office. The Board hereby grants the Applicant a time variance, until May 1, 2010, to correct this deficiency in the 214 tenant space, at the direction and to the satisfaction of the State Fire Marshals Office. 
12.     It is the understanding of the Board that the Applicant has corrected Deficiency 12, by providing the cited doors with approved, properly maintained, self-closures, at the direction and to the satisfaction of the State Fire Marshals Office.
13.     It is the understanding of the Board that the Applicant has corrected Deficiency 13, by removing the cited obstruction in tenant space 133, at the direction and to the satisfaction of the State Fire Marshals Office.
14.     During the April 13, 2010 hearing on this matter, the Board was advised that the Applicant would correct Deficiency 14, by removing the obstructing refrigerator, at the direction and to the satisfaction of the State Fire Marshals Office.
15.	The Board hereby grants a variance from the provisions of section 39.2.2.3.1 and 7.2.2.2.1 in order to allow the Applicant to maintain the cited existing width of Stairwell D. 
16.	The Board hereby grants a variance from the provisions of section 39.2.2.3.1 and 7.2.2.2.3.3 in order to allow the Applicant to maintain the existing dimensions of the cited spiral stairs serving several of the apartment units within this facility. In granting this variance, it is the understanding and direction of the Board that the above spiral stairs are serving storage only areas and shall continue to do so.
17.	The Board hereby grants a variance from the provisions of section 39.2.2.3.3 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the cited existing width of stair winders in stairwell A. This variance is based upon structural hardship. 
18.	The Board hereby grants a variance from the provisions of sections 39.2.2.3.1, 7.2.2.4.1.1 and 7.2.2.4.1.6 in order to allow the Applicant to maintain a single rail, approved by the State Fire Marshals Office, on one side of each of the existing stairways within this facility. Specifically, if the State Fire Marshals Office approves the Applicants plan of action for the stairway handrails, the Board shall be satisfied with the handrail arrangement. 
19.	The Board hereby grants a variance from the provisions of sections 39.2.2.3.1, 7.2.2.4.1.1 and 7.2.2.4.1.2 in order to allow the Applicant to deviate from the strict requirements of guard and handrail continuity, in accordance with the plan submitted to, and approved by, the State Fire Marshals Office as outlined in item 18 above. 
20 - 26.  The Board hereby grants the Applicant a time variance, until December 31, 2010 to correct any outstanding deficiencies as outlined in items 20, 21, 22, 23, 24, 25 and 26 of the State Fire Marshals April 1, 2010 inspection report covering this facility.  	
27.	With the exception of the May 1, 2010 deadline established in Item 11, and the freight elevator referenced in Item 10, the Aboard directs that the Applicant shall have until December 31, 2010 to correct all remaining deficiencies.

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)].