The above-captioned case was 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 Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard to approve the Applicants June 20, 2010 plan of action for the correction of deficiencies listed by the Providence Fire Marshals Office in a February 11, 2010 report covering inspections conducted by that office on November 12, 2009 and February 11, 2010.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 11, 2010 inspection report compiled by the Providence Fire Marshals Office.  The above report along with the Applicants June 30, 2010 plan of action were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the February 11, 2010 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 order for the Applicant to present plans to the Providence Fire Marshals Office for the correction of this deficiency.  The Board grants the Applicant an additional 150 days in order to implement the above plans at the direction and to the satisfaction of the Providence Fire Marshals Office.  Specifically, the Applicant shall provide an approved key access box to this facility at the direction and to the satisfaction of the Providence Fire Marshals Office within the above timetable.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing the stairway from the basement with an approved layer of 5/8 sheetrock, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board further directs the Applicant to provide the apartment egress doors with approved self-closing devices and to document those doors as being equivalent to a minimum twenty (20) minutes at the direction and to the satisfaction of the Providence Fire Marshals Office within the time table outlined in item 1 above.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing the subject facility with an approved municipally connected fire alarm system installed pursuant to the agreement between the Johnston Fire Department and the Providence Fire Department as to the protocol for the report of this system.  
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing approved smoke and carbon monoxide detection in each apartment unit at the direction and to the satisfaction of the Providence Fire Marshals Office.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing this facility with approved fire extinguishers in each apartments.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant to correct deficiency 6 by providing approved domestically supplied sprinkler heads over each boiler area.  In addition, the Board directs the Applicant to implement the remainder of his June 30, 2010 plan of action, within the above time period, by providing the cited approved emergency lights and exit signage as identified on the June 30, 2010 letter, at the direction and to the satisfaction of the Providence Fire Marshals 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)].