The above-captioned cases were scheduled for hearing on October 19, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Walker, Jasparro, Pearson, 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.  An initial motion was made by Commissioner Walker and seconded by Commissioner Dias addressing the deficiencies in 569 Smithfield Road.  That motion was unanimous.  Upon review of 567 Smithfield Road, a second motion was made by Commissioner Preiss and seconded by Commissioner Jasparro, in order to grant the original relief of the previous case to the subject facility at 567 Smithfield Road.  That motion was also unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of two September 1, 2010 inspection reports covering the subject facilities, compiled by the North Providence Fire Marshals Office.  The Board notes that with the exception of the street address, the above reports and deficiencies are substantially the same.  Accordingly, the above reports were utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the October 19, 2010 hearing on these matters.  Accordingly, the Board hereby incorporates the September 1, 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 order to develop a plan of action for the correction of deficiency 1 and an additional 150 days in order to implement that plan of action by the installation of a fire alarm system within these facilities.  The Board notes that the North Providence Fire Marshals Office is hereby authorized to extend either or both of the above timelines for good faith efforts being made by the Applicant.
	2.  The Board hereby directs the Applicant to correct the penetrations within the boiler rooms of these facilities, at the direction and to the satisfaction of the North Providence Fire Marshals Office within the above timelines.
	3.  The Board hereby directs the Applicant to correct deficiency 3 within the timeframes outlined in item 1 above by providing these facilities with approved key access boxes.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by either providing portable fire extinguishers throughout this facility in accordance with the code or providing the individual units of this complex with approved fire extinguishers.  The above correction shall be made at the direction and to the satisfaction of the North Providence Fire Marshals Office within the time frames outlined in item 1 above.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing these facilities with approved exit signage, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by properly illuminating the means of egress at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing the apartment doors with approved self-closing devices at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide each resident of this facility with approved emergency instructions at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	9.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to submit a plan of action and design for the correction of deficiency 9 by addressing the multiple unprotected openings in the exterior ways of the exit access of this facility.  The Board hereby grants the Applicant an additional 150 days in order to implement that plan of action, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	11-14.  The Board hereby grants the Applicant the 90 day/150 day time line outlined in item 9 above in which to develop and implement a plan of action for the correction of deficiencies 11, 12, 13 and 14 at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board notes that the North Providence Fire Marshals Office is authorized to extend the above deadlines 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)].