The above-captioned case was scheduled for hearing on February 26, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Paul Dooley of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard 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 November 30, 2012 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the February 26, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the November 30, 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 a local fire alarm system, at the direction and to the satisfaction of the Pawtucket 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 Pawtucket Fire Marshals Office.  Finally, the Board notes that the Pawtucket Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2-7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by either providing the cited existing door frames with approved solid core or steel doors maintaining an approximate rating of twenty (20) minutes or by providing these doors with an approved flame spread finish in such a manner as to create an approximate fire rating of twenty (20) minutes on the above doors.  The Board takes administrative notice of the fact that both the Newport and North Kingstown Fire Marshals offices have successfully utilized the above flame spread finishes to maintain an approximate fire rating of twenty (20) minutes on existing doors within apartment units located in their municipalities.  Accordingly, the Board notes the Pawtucket Fire Marshals Office could approve one or more of the products utilized in these municipalities for this particular project.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the boiler of this facility with an approved remote shut-off switch, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the cited boiler room with an approved domestically supplied sprinkler head.
	11.  The Board hereby grants the Applicant a time variance of twenty (20) days from the date of this decision in which to provide this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	12.  It is the understanding of the Board that the Applicant may have addressed deficiency 12 by removing the cited double keyed deadbolts from the egress doors of this facility.  If not, the Board hereby grants the Applicant an additional twenty (20) days from the date of this decision in which to correct deficiency 12 by removing the cited double keyed deadbolts.

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)].