The above-captioned case was scheduled for hearing on May 21, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Jackson, Blackburn, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Vespia and Arthur Laurenson of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Burlingame abstaining from the vote.

FINDINGS OF FACT
	The Board finds that the subject three (3) buildings of this facility are part of a ten-building complex that comprises the city block bordered by Harris Avenue, Tingley Street, Acorn Street and Charlotte Hope Streets.  The Board finds that the fire alarm within this facility has been inspected by Assistant Deputy State Fire Marshal Richard Vespia and that the Applicant was provided with an April 8, 2013 inspection report addressing the major deficiencies.  The Board further finds that the Applicant has been working closely with the Providence Fire Marshals Office and is in agreement to correct the deficiencies but needs additional time in order to do so.

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 upgrade of the fire alarm and sprinkler systems within the buildings known as building 1, building 2 and building 3, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board hereby 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 Providence Fire Marshals Office.  The Board further directs the Applicant to install temporary battery smoke detection within these buildings, at the direction and to the satisfaction of the Providence Fire Marshals Office until such time as the new fire alarm system is installed and fully operational.  Finally, the Board notes that the Providence Fire Marshals Office shall have the authority to extend either or both of the above timelines for good faith efforts being demonstrated 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)].