The above-captioned case was scheduled for hearing on January 11, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Reed of the Middletown Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Richard 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 7, 2010 inspection report compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the January 11, 2011 hearing on this matter.  In addition, the Board had before it a January 11, 2011 plan of action corresponding with the above report and submitted by MWL Consulting Co. on behalf of the Applicant.  

Accordingly, the Board hereby incorporates the April 7, 2010 inspection report along with the January 11, 2011 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 
	1-3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the correction of deficiencies 1, 2 and 3 to the Middletown Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plans by correcting deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Middletown Fire Marshals Office.  Finally, the Board notes that the Middletown Fire Marshals Office is hereby granted the authority to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	4.  The Board hereby grants the Applicant a variance from the provisions of section 31.1.1.3(5) in order to allow the Applicant to install the proposed spiral stair that will be accessed from the exterior decks of the units of this facility, at the direction and to the satisfaction of the Middletown Fire Marshals Office, within the time frames outlined in item 1 above.  In granting this relief, it is the understanding of the Board that the Applicant has reviewed this plan of action with the Middletown Fire Marshals Office.
	5.  It is the understanding of the Board that item 5 will be moot upon resolution of item 4 with the installation of the proposed spiral stair from the exterior decks of the various units of this facility.
	6-7.  The Board hereby grants the Applicant the time variance outlined in items 1-3 above in order to correct deficiencies 6 and 7 at the direction and to the satisfaction of the Middletown 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)].