The above-captioned cases were scheduled for hearing on July 27, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson 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 November 25, 2009 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the July 27, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 25, 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 or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of the fire alarm system in Building 1 and an additional 120 days in which to implement that plan of action.  Upon the conclusion of the above timeline, the Board hereby grants the Applicant an additional thirty (30) days in which to develop a plan of action for the placement of a fire alarm system within Building 2 and an additional 120 days in order to bring Building 2 into full compliance with the code.  The Board hereby authorizes the North Smithfield Fire Marshal's office to extend either or both of the above timelines.  However, the Board notes that not withstanding the above extensions by the North Smithfield Fire Marshal's office, the Board notes that Building 2 shall be brought into full compliance with the fire alarm provision of the code within one (1) year of the date of this decision.
	2.  The Board hereby directs the Applicant to correct deficiency 2 for both buildings by providing approved key access boxes upon the installation of the fire alarm systems.  
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing both Building 1 and Building 2 with approved hard wired smoke and carbon monoxide detectors as part of the fire alarm package for these facilities.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing both Building 1 and Building 2 with approved portable fire extinguishers installed at the direction and to the satisfaction of the North Smithfield Fire Marshal's office, within thirty (30) days of the date of this decision.
	5.  The Board hereby directs the applicant to correct deficiency 5 by providing the cited apartment, Apartment 1 of Building 2, with approved self-closing and latching doors.  The Board grants the Applicant a time variance of thirty (30) days from the date of this decision in which to make this correction.
	6.  The Board hereby grants a variance from the provisions of section 31.2.1.2 and its referenced standards in order to allow the Applicant to maintain the existing dimensions of the bedroom windows utilized as means of escape.  This variance is granted on the basis of structural hardship in the absence of an objection by the North Smithfield 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)].