The above-captioned cases were scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Walker and Dias were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Andrew Baynes of the Johnston Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard 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 12, 2009 inspection report compiled by the Johnston Fire Marshals Office along with a June 30, 2010 plan of action compiled by the Applicant.  The above report and plan of action were utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 12, 2009 inspection report along with the Applicants June 30, 2010 plan of action 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 submit plans for the correction of the cited deficiencies to the Johnston Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plans at the direction and to the satisfaction of the Johnston Fire Marshals Office.  Accordingly, the Board directs the Applicant to provide each of the buildings within this complex with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Johnston Fire Marshals Office and to further provide the one building that sits within Providence (file 100153-Building A) with additional municipal connection to the Johnston Fire Departments system.
	2.  The Board hereby directs the Applicant to correct deficiency 2 within the above time frame, by providing the cited buildings with approved key access boxes at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing all of the cited doors with approved self-closing devices and further document that the doors will be equivalent to an approximate twenty-minute fire rating (excluding the apartment rear door frame) or equivalent as determined by the Johnston Fire Marshals Office. 
	4.  The Board hereby directs the Applicant to correct deficiency 4 within the above time frame outlined in item 1 by installing the cited emergency lights and exit signage throughout this facility at the direction and to the satisfaction of the Johnston Fire Marshals Office in accordance with the June 30, 2010 plan of action.
	5.  See item 4 above.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 as outlined in the June 30, 2010 plan of action.  In granting this relief, It is the understanding of the Board that the Johnston Fire Marshals Office is satisfied with the Applicants plan of action.

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)].