The above-captioned case was scheduled for hearing on November 30, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Walker, Preiss, Blackburn, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Wood of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Walker 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 a September 1, 2010 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the November 30, 2010 hearing on this matter.  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 
	1-3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the correction of deficiencies 1, 2 and 3 to the Narragansett Fire Marshals Office.  The Board grants an additional 150 days in order to allow the Applicant to implement the above plan of action by providing this facility with a local fire alarm system, emergency key access box and approved smoke and CO detectors, installed at the direction and to the satisfaction of the Narragansett Fire Marshals Office.  Finally, the Board notes that the Narragansett Fire Marshals Office may extend either or both of the above time lines for good faith efforts being shown by the Applicant.
	4.  The Board hereby grants a variance in order to allow the Applicant to utilize the provisions of the code allowing a single means of egress from an existing apartment building as outlined in section 31.2.4.4.  As a condition of this relief, as outlined in the owners plan of action, the owner shall install and maintain a system of domestically supplied sprinkler heads covering the entire internal egress system with an additional head located inside the exit access door of each apartment on the second floor, in accordance with section 9.7.1.2.  The Board notes that this plan of action would also address the wainscoting in the egress system.
	5.  The Board hereby grants a variance from the provisions of section 31.2.1.1 and its referenced standards in order to allow the Applicant to replace all of the second floor apartment doors with 1 3/8 solid core wood doors with a rating of approximately twenty (20) minutes in the existing jambs with approved spring-loaded hinges as outlined in his plan of action.  This variance is granted on the basis of structural hardship.
	6.  The Board hereby grants a variance from the provisions of section 31.2.4.1 in accordance with the conditions outlined in item 4 above.  
	7.  The Board notes that deficiency 7 may not be a violation of the fire code with reference to chapter 24.  However, the Board hereby grants a variance from the provisions of section 31.2.1.2 on the basis of structural hardship in light of the Applicants plan of action as outlined in item 4 above.
	8-18.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiencies 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 in accordance with the plan of action.  In addition, the Board directs the Applicant to remove the heaters from the hallway or properly enclose them at the direction and to the satisfaction of the Narragansett Fire Marshals Office within the above timeframes.

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)].