The above-captioned case was scheduled for hearing on April 17, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jasparro, Sylvester and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshals James Bobola and Louis Traficante of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Pearson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 13, 2012 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the April 17, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the February 13, 2012 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 and direction of the Board that the Applicant has corrected deficiency 1 and that the West Warwick Fire Marshals Office shall verify this correction.
	2.  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 correction of deficiency 2 and the remaining deficiencies.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action by providing all of the doors leading to the common hallways with approved self-closing devices.
	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 correction of deficiency 3 and an additional 150 days in order to implement the above plan of action by either providing the appropriate face plates on the open electrical outlets or by removing the outlets and all dead wiring from this area.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	5.  The Board hereby grants a variance from the provisions of section 31.1.1.2(5) in order to allow the Applicant to maintain the current means of egress from this facility and to further equip the current means of egress with a system of domestically supplied sprinkler heads in the main stairwell with one (1) additional head placed in the interior of each apartment in the general proximity of the exit access door.  The Board hereby grants the Applicant a time variance in order to implement the above plan of action of thirty (30) days to submit plans for the system of domestically supplied sprinkler heads and an additional 150 days in which to implement the plans by installing the above system, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.  Finally, the West Warwick Fire Marshals Office may extend either or both of the above timelines 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)].