The above-captioned cases were scheduled for hearing on August 10, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Pearson, Jackson, Preiss, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Jasparro and 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 an April 27, 2010 inspection report covering 1776 Bicentennial Way, Buildings K, L, M, N, O, P, Q and R.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the August 10, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 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 
	1-3.  The Board hereby grants the Applicant a time variance of one (1) year from the date of this decision in which to correct deficiencies 1, 2 and 3 in Bicentennial Way, Buildings K, L, M, N, O, P, Q and R by providing these facilities with approved compliant fire alarm systems, smoke and carbon monoxide detection and key access boxes.  
	4-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the North Providence Fire Marshals Office.  It is the further understanding of the Board that the remaining buildings within this complex are condo-style buildings that the North Providence Fire Marshals Office has determined do not fall within the provisions covering apartment occupancies.  Finally, the Board hereby authorizes the North Providence Fire Marshals Office to extend the above deadline, at his discretion, for good faith efforts being shown by the Applicant.

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)].