The above-captioned case was 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 Chief of Inspections Scott Caron of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Walker and Jasparro 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 July 30, 2009 inspection report compiled by the North Providence Fire Marshals Office along with a November 27, 2012 plan of action developed and submitted by the Town of North Providence.  The above report and plan of action were utilized by the Board, the Applicant, the North Providence Fire Marshals Office and the State Fire Marshals Office during the November 27, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the July 30, 2009 inspection report along with the November 27, 2012 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 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.  During the November 27, 2012 hearing on this matter, the Board was advised and finds that the Applicant has already had plans approved for the upgrade of the fire alarm system within this complex.  Accordingly, the Board hereby grants the Applicant an additional ninety (90) days from the date of this decision in which to complete the upgrade of the fire alarm system within this facility.  Finally, the Board notes that the North Providence and State Fire Marshals offices may extend the above timeline for good faith efforts being shown by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by properly illuminating the exit sign within the boiler room of this facility.
	3.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to provide the cited additional exit sign over the upstairs door leading from the dining area to the Side 2 stairwell.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the boiler room door with an automatic closer.
	5.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to correct deficiency 5 by repairing the cited panic bar on the exit door in the apparatus room leading to the Side 4 stairwell.
	6-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 6 and 7 at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	8.  Based upon the testimony taken at the hearing and the assurance of the Applicant that the cited commercial stove would be utilized only on a limited basis as a house hold appliance, the Board hereby grants a variance in order to allow the Applicant to maintain this stove with an approved hood and K-type portable fire extinguisher, installed at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	9-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 9 and 10 by relocating the cited lockers and other obstructions from the egress system of this facility.
	11.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to correct deficiency 11 by relocating the cited vending machines to the lobby area, at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	12.  It is the understanding of the Board that the applicant has corrected deficiency 12 by eliminating the cited door at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	13.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to correct deficiency 13 by providing this complex with an updated emergency evacuation plan acceptable to the State and North Providence Fire Marshals Offices.
	14.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to correct deficiency 14 by repairing and/or replacing all cited panic hardware and self-closers throughout this facility.
	15.  The Board hereby directs the applicant to correct deficiency 15 by removing all cited storage in the stairwells within fifteen (15) days from the date of this decision.

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)].