The above-captioned case was scheduled for hearing on November 22, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Jackson, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Parent of the Pawtucket 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 passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 11, 2009 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the November 22, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 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.  During the November 22, 2011 hearing on this matter, the Board was advised that the fire alarm system in this facility had been repaired and that its maintenance contract was up to date.  Accordingly, it is the understanding of the Board that the Applicant has corrected deficiency 1.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 as outlined above.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the installation of approved hard wired or radio wireless interconnected smoke and carbon monoxide detection in this facility.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action by installing the above detection, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  Finally, the Board hereby authorizes the Pawtucket Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	4-6.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiencies 4, 5 and 6 at the direction and to the satisfaction of the Pawtucket Fire Marshals Office. 
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to provide the cited wainscoting with an approved flame spread paint and to provide the Pawtucket Fire Marshals Office with documentation and/or certification.
	8.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to provide the cited apartment doors with approved solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes, and equipped with self-closing hinges.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10-11.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiencies 10 and 11 by providing the furnace with an approved remote emergency shut-off switch and by providing the facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	12.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 12 by providing this building with an approved exterior mounted key safe at the direction and to the satisfaction of the Pawtucket 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)].