The above-captioned case was scheduled for hearing on December 7, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Pearson, Jasparro 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 Preiss and seconded by Commissioner Filippi 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 August 11, 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 December 7, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the August 11, 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 
	1-15.  At the December 7, 2010 hearing on this matter, the Board was advised by the Narragansett Fire Marshals Office that this is a three-story building maintaining two (2) apartment units on the first floor, two (2) apartment units on the second floor and general storage on the third floor.  The Board was further advised that the two upper apartments have metal ladder egress.  The Narragansett Fire Marshals Office noted that the subject facility could maintain a metal fire escape or platform and ladder system, but that the current system was not compatible with the code.  Finally, the Narragansett Fire Marshals Office advised that it was not looking for two (2) pressure treated independent stairwells but did wish to provide the residents of the second floor with approved remote means of escape.
	In light of the above, Commissioner Preiss made a motion to allow the Applicant to either maintain the existing egress and fully sprinkler the building or to present the Narragansett Fire Marshals Office with a plan of action for providing a second approved means of egress to the satisfaction of that Office.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit to the Narragansett Fire Marshals Office a plan of action for the correction of the egress issue from the second floor, in accordance with one of the two options outlined above.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the Narragansett Fire Marshals Office.
	The Board notes that any other deficiencies outlined in the original inspection report shall be completed within the above time periods.  Finally, the Board notes that the Narragansett 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 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)].