The above-captioned case was scheduled for hearing before a subcommittee of the Board on November 4, 2010 at 1:00 P.M.  At that time, the fire service was represented by Assistant Deputy State Fire Marshal Richard Waterman of the North Scituate Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  

The above recommendations were thereupon presented to the full Board on November 9, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Walker, Jasparro, Dias and Filippi were present.  A motion to approve the subcommittee recommendations was made by Commissioner Richard and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 17, 2010 inspection report compiled by the North Scituate Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Scituate Fire Marshals Office during the November 4, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the February 17, 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 and submit an engineering plan for the correction of deficiency 1 and an additional 150 days to implement that plan, at the direction and to the satisfaction of the North Scituate Fire Marshals Office.  Specifically, the above plan of action may contain structural and/or sprinklering elements to provide the necessary safety, at the direction and to the satisfaction of the North Scituate Fire Marshals Office.
	2-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4 and 5 at the direction and to the satisfaction of the North Scituate Fire Marshals Office.
	6.  It is the understanding of the Board that deficiency 6 shall be resolved pursuant to the Applicants plan of action for addressing deficiencies 1 and 22.
	7.  Based on the Boards understanding that the Applicant shall provide this facility with sprinkler coverage as outlined in item 22 below, the Board hereby grants a variance in order to allow the Applicant to maintain the existing cited rating of the security door listed in item 7.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  Based on the Boards understanding that the Applicant shall provide this facility with sprinkler coverage approved by the North Scituate Fire Marshals Office in item 22 below, the Board hereby grants a variance in order to allow the Applicant to maintain the existing travel distance cited in item 9.
	10-12.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11 and 12 at the direction and to the satisfaction of the North Scituate Fire Marshals Office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by either providing sprinkler coverage in this area or approved doors at the direction and to the satisfaction of the North Scituate Fire Marshals Office as outlined in item 22 below, within the timetables outlined in item 22.
	14-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 14, 15 and 16 at the direction and to the satisfaction of the North Scituate Fire Marshals Office.
	17.  The Board hereby grants a variance in order to allow the Applicant to not provide the cited attic heat detection in light of the fact that there is no electrical service to this area.  In granting this relief, it is the understanding of the Board that the North Scituate Fire Marshals Office has no objection.
	18-20.  It is the understanding of the Board that the Applicant has corrected deficiencies 18, 19 and 20.
	21.  The Board hereby directs the Applicant to correct deficiency 20 by providing the Fire Marshal with a letter documenting the notification devices installed in all units on all levels.
	22.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit an engineered plan for the correction of deficiency 22 by providing this facility with sprinkler coverage approved by the North Scituate Fire Marshals Office.  The Board hereby grants the Applicant an additional 150 days in order to implement that plan of action.  Finally, the Board notes that the North Scituate Fire Marshals Office may extend either or both of the above timelines 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).