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 Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias 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 October 19, 2010 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 18, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 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 
	1-4.  During the January 18, 2011 hearing on this matter, the Board was advised that the Applicant is reducing the occupancy of this facility from a five to a four unit apartment.  The Board was further advised that the Applicant is facing foundation issues and is currently maintaining only one (1) security occupant on the second level of this facility.  Finally, the Board was advised that the Applicant maintains approved battery-powered smoke detectors throughout this facility.  
	In light of the above facts, 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 to the Providence Fire Marshals Office for the correction of deficiencies 1, 2, 3 and 4 as outlined on the October 19, 2010 inspection report.  The Board further grants a time variance of 150 additional days in which to allow the Applicant to implement the above plan of action for the correction of the above deficiencies.  Finally, the Board hereby authorizes the Providence Fire Marshals Office to extend the above timelines conditioned upon the Applicants maintaining only one (1) occupant within this facility until the above corrections are made, at the direction and to the satisfaction of the 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)].