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 Richard and seconded by Commissioners Jackson and Dias 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 October 26, 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 October 26, 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 submit plans for the correction of deficiency 1.  The Board hereby grants the Applicant an additional 150 days in which to implement the above plans at the direction and to the satisfaction of the North Providence Fire Marshals Office for upgrading the fire alarm system within this facility.  The North Providence Fire Marshals Office is authorized to extend the above timelines for good faith efforts being demonstrated by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to address the deficiencies in the boiler rooms by providing domestically supplied sprinkler heads and by caulking any penetrations within the walls of these rooms.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing this facility with an approved key access box at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing the means of egress with proper illumination, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing this facility with approved emergency lighting.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing this facility with approved exit signage.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing any unequipped doors with approved self-closers installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by providing this facility with approved handrails installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 9 by providing the Applicants residences with approved emergency instructions at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to develop and implement an approved plan of action for the correction of deficiency 10 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	11.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 11 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	12.  During the January 18, 2011 hearing on this matter, the Board advised the Applicant that it could correct deficiency 11 by either modifying the windows to comply with the code, providing dormers to increase the size of the windows or providing 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 outlined in item 1 above in order to implement one of the above options to the satisfaction of the North Providence Fire Marshals Office.
	13.  The Board notes that there is no item 13 on the October 25, 2010 inspection report.
	14.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to develop and implement a plan for the protection of the cited stairs at the direction and to the satisfaction of the North Providence 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)].