The above-captioned cases were scheduled for hearing on November 27, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Matarese of the Johnston Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioners Dias and Sylvester 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 an August 28, 2012 inspection report compiled by the Johnston Fire Marshals Office.  It is the understanding of the Board that the August 28, 2012 inspection report accurately reflects the deficiencies of both of the subject facilities.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the November 27, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby 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 for the correction of deficiency 1 by providing this facility with approved fire alarm coverage installed at the direction and to the satisfaction of the Johnston Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the Johnston Fire Marshals Office.  Finally, the Board notes that the Johnston Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant to correct deficiency 2 by providing these facilities with approved smoke and carbon monoxide detection installed at the direction and to the satisfaction of the Johnston Fire Marshals Office. 
	3.  The Board hereby directs the Applicant to correct deficiency 3 within fifteen (15) days of the date of this decision by providing these facilities with approved portable fire extinguishers installed at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing these facilities with approved exit signage and emergency lighting, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by ensuring that all doors that open into the egress area are provided with approved self-closing devices and self-latching devices.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing these facilities with approved key access boxes, installed at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by properly segregating or otherwise protecting the boiler and laundry rooms, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by immediately removing any storage under the egress stairways of these facilities and throughout the egress system.  In addition, the Board notes that the Applicant shall maintain the egress system and the area under the stairways free of all storage now and in the future, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	10.  The Board hereby directs the Applicant to correct deficiency 10 within the timelines established in item 1 above.
	11.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 11 by properly separating the egress systems of these facilities.

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)].