The above-captioned case was scheduled for hearing on August 23, 2011 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Pearson, Jasparro and Jackson were present.  Commissioner Dias recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 31, 2009 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the August 23, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 31, 2009 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	2.  During the August 23, 2011 hearing on this matter, the Board was advised and finds that due to the proximity of the structures on the adjoining lots, the Applicant does not have enough physical space to provide an approved means of escape for each unit of this facility.  Accordingly, the Board hereby grants a variance from the provisions of section 31.2.1.2 in order to allow the Applicant to provide this facility with a properly engineered system of sprinkler heads in the primary egress stairway with one (1) head extended from the stairway into each apartment unit.  The system shall further be provided with a tamper and flow switch connected to the fire alarm system.  The Board envisions that this system may be supplied by the domestic water service to the building.  The Board further 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 North Kingstown Fire Marshals Office for the installation of this system.  The Board grants the Applicant an additional 150 days in order to implement the above plan of action and provide the primary egress of this facility with the system of domestically supplied sprinkler heads installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	3.  The Board hereby grants a variance from the provisions of sections 31.3.6.2, 31.3.6.3 and 31.6.3.4 in order to allow the Applicant to maintain the existing wooden doors with glass windows within the egress system of this facility.  This variance is contingent upon the Applicants providing this facility with the domestically supplied sprinkler heads as outlined in item 2 above.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the North Kingstown Fire Marshals Office with the documentation of one-hour separation.
	5.  The Board hereby grants a variance from the provisions of sections 31.3.3.1 and 31.3.3.2 in order to allow the Applicant to maintain the existing cited decorative wainscoting wood in the primary means of egress in this facility.  The Board notes that this variance is also contingent upon the Applicant providing this facility with the domestic sprinkler coverage outlined in item 2 above.
	6.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the cited door of the main stairs within this facility.  This variance is also contingent upon the Applicants protection of the main stairs with the domestically supplied sprinkler heads outlined in item 2.
	7.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 and its referenced standards in order to allow the Applicant to maintain the cited clear exit width of the door at the base of the main stairs of this facility.  This variance is also contingent upon the Applicants installation of domestically supplied sprinkler heads outlined in item 2.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  The Board hereby grants a variance from the provisions of sections 31.3.1, 31.3.1.1 and 31.3.1.1.1 and their referenced standards in order to allow the Applicant to maintain the cited stairs to the third floor as an unenclosed vertical opening, in conjunction with the sprinkler heads to be installed in this stairway as outlined in item 2 above.  Specifically, the variance granted to allow the Applicant to maintain this vertical opening is contingent upon the Applicants installation of domestic sprinkler coverage as outlined in item 2 above.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing smoke detection in each apartment.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing additional emergency lighting within this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing a key access safe for this facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	Note:  During the August 23, 2011 hearing on this matter, the Board specifically granted the North Kingstown Fire Marshals Office the authority to extend either or both of the timelines outlined in item 2 above 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)].