The above-captioned case was scheduled for hearing on November 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Emmott of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner 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 a September 26, 2011 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the November 29, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 26, 2011 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 
	1-3.  During the November 29, 2011 hearing on this matter, the Board was advised that the Applicant was in the process of correcting deficiencies 1, 2 and 3 and that the referenced systems were currently being installed.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of the November 29, 2011 hearing in which to complete installation, at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.
	4.  The Board hereby grants a variance from the provisions of section 31.1.1.3(5) in order to allow the Applicant to maintain the existing single exit from the second floor apartments of this facility in conjunction with the fire alarm system and emergency escape windows to be installed at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.  The Board notes that the Union Fire District Fire Marshal has no objection in light of the alarm and the installation of the emergency window.  The Board was further advised that the fire department has generally good access to this building.
	5-6.  The Board hereby grants the Applicant the time variance outlined in items 1-3 above in order to finish corrections of deficiencies 5 and 6 by providing the apartment doors with approved spring loaded hinges and the boiler room with an approved remote shut-off switch.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 and has installed portable fire extinguishers throughout this facility.

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)].