The above-captioned case was scheduled for hearing on January 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Jasparro, Pearson, Walker, Dias and Filippi 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 Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Richard.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 5, 2010 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the January 4, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the November 5, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present a plan of action to the North Providence Fire Marshals Office for the correction of deficiency 1 by upgrading the fire alarm system.  The Board further grants the Applicant an additional 150 days in order to fully correct deficiency 1 by upgrading the fire alarm system within this facility.  Finally, the Board hereby authorizes the North Providence Fire Marshals Office to extend the above deadlines for good faith efforts being shown by the Applicant.
	2-4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 2, 3 and 4 by providing this facility with approved emergency lighting, apartment door self-closers and emergency instructions, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by replacing the cited dryer exhaust ducts.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by bringing the handrails of this facility into compliance.
	7-9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 7, 8 and 9 by submitted approved engineered plans addressing the multiple unprotected openings in the exterior ways of exit access and addressing the wood-framed egress stairs along with providing an intumescent paint to the walls of the exterior stairway of this facility.  Specifically, the Applicant shall have thirty (30) days to develop and submit a plan of action for the correction of these deficiencies to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby grants the Applicant an additional 150 days in order to implement the plan of action.  Finally, the Board notes that the North Providence Fire Marshals Office may extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the apartment units of this complex with approved fire extinguishers and properly maintaining those extinguishers, within thirty (30) days of the date of this decision.
	11.  The Board hereby shall maintain this as an open file in the event the Applicant or the North Providence Fire Marshals Office wish to have further Board review without the payment of additional filing fees.

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)].