The above-captioned case was scheduled for hearing on January 18, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Jasparro, Jackson, Pearson, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro 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 November 1, 2010 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the January 18, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the November 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 which to develop and submit a plan of action for the correction of deficiency 1 to the North Providence Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan at the direction and to the satisfaction of the North Providence Fire Marshals Office.  Finally, the Board hereby authorizes the North Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  Accordingly, the Applicant is directed to upgrade he fire alarm system in this facility, at the direction and to the satisfaction of the North Providence Fire Marshals Office within the above timelines.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing the cited boiler rooms with domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board further directs the Applicant to seal the penetrations within the boiler rooms, at the direction and to the satisfaction of the North Providence Fire Marshals Office within the above time period.
	3.  The Board hereby directs the Applicant to correct deficiency 3 as outlined in item 2 above in accordance with the same timetable.
	4.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 4 by providing this facility with an approved key access box.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing the cited means of egress illumination.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing the remaining unequipped apartment doors with approved self-closers.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by addressing the handrails in this facility at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by either fire caulking the rated vision holes or replacing the rated lens within those holes within the time frames outlined in item 1 above.
	10.  The Board hereby directs the Applicant to correct deficiency 10 within the time frame outlined in item 1 above at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	11.  During the January 18, 2011 hearing on this matter, the Board granted the Applicant three (3) options for addressing the cited bedroom windows on the second floor apartments of this facility.  The Applicant could either modify the cited windows to bring them into compliance with the code or provide dormers to expand the window area or provide sprinkler coverage, at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to implement one of the three courses of action at the direction and to the satisfaction of the North Providence Fire Marshals Office for the correction of deficiency 11.

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)].