The above-captioned cases were scheduled for hearing on April 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gregory Unsworth of the North Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn 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 July 18, 2008 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 April 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 18, 2008 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 
	1-2.  During the April 12, 2011 hearing on this matter, the Board was advised and finds that the Marshal and the Applicant had agreed upon a time variance of two (2) years in which to correct the outstanding deficiencies within this complex.  Accordingly, the Board hereby grants the Applicant a time variance from April 12, 2011 to April 12, 2013 in which the Applicant shall correct deficiencies 1 and 2 by providing Buildings 1, 2, 4, 5, 6 and 7 with an approved municipally connected fire alarm system and by providing Building 3 with an approved local fire alarm system, at the direction and to the satisfaction of the North Providence Fire Marshals Office, on or before April 12, 2013.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the apartment units with approved carbon monoxide detection at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing properly installed sprinkler heads in the boiler rooms of these facilities, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing approved remotely located shut-off switches, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	6.  The Board hereby grants the Applicant the time variance outlined in items 1 and 2 above in order to provide each of the cited buildings with an approved key access box, installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing these facilities with approved portable fire extinguishers, to be installed in the kitchens of each individual townhouse, at the direction, to the satisfaction and within a timetable established by the North Providence Fire Marshals Office.
	8.  The Board hereby grants a variance and/or a clarification noting that the exit signage of these facilities shall be limited to only the common spaces and will not be required within the dwelling units that have direct exits to the exterior of the front and rear of these buildings.
	9.  The Board hereby grants the North Providence Fire Marshals Office the authority to extend any of the above timelines for good faith efforts being demonstrated 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)].