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 Gregory Unsworth of the North Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Blackburn 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 both a September 15, 2011 inspection report compiled by the North Providence Fire Marshals Office and a November 28, 2011 plan of action submitted by the Applicant and approved by the North Providence Fire Marshals Office.  The above report and plan of action were utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the November 29, 2011 hearing on this matter.  

Accordingly, the Board hereby incorporates the September 15, 2011 inspection report along with the November 28, 2011 plan of action 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to allow the Applicant to submit a plan of action to the North Providence Fire Marshals Office for the correction of deficiencies 1 and 2.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action by providing this facility with an approved fire alarm system, carbon monoxide detection and a key access box, installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	3-4.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiencies 3 and 4 by upgrading the apartment and basement doors and providing approved spring loaded hinges on these doors, in accordance with the plan of action, at the direction and to the satisfaction of the North Providence Fire Marshals Office. 
	5.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to provide domestically supplied sprinkler head coverage in the boiler room of this facility, 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 allow the Applicant to correct deficiency 6 by providing the cited key access box.
	7.  The Board hereby grants the Applicant a time variance of seven (7) days from the date of this decision in which to provide this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	8.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 8 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the North 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)].