The above-captioned case was scheduled for hearing on July 23, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Thornton, Jackson, Sylvester, Burlingame, Richard and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bobola of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Jackson abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 23, 2013 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 July 23, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 2013 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.  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 West Warwick Fire Marshals Office.  Finally, the Board hereby authorizes the West Warwick Fire Marshals Office to extend either or both of the above time lines 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 providing the units of this facility with approved smoke and carbon monoxide detection.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved exit signage.
	5.  In the event the Applicant wishes to maintain the basement apartment within this facility, the Board hereby grants a variance in order to allow the Applicant to provide escape windows from each of the bedrooms of this facility.  The Board further directs the Applicant to remove all locks and locking devices from the above bedroom doors.  Finally, the Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct this deficiency, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing the existing door jambs with approved egress doors and self-closing hinges throughout the egress system of this facility.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by addressing the fire escapes structural integrity issues.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the furnace of this facility with an approved shut-off device.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved portable fire extinguishers.
	10.  The Board hereby grants a variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain the existing cited headroom in the exit area leading from the basement apartment.
	11.  The Board notes that the Applicant may correct deficiency 11 by providing domestically supplied sprinkler heads over the boiler of this facility.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct this deficiency if it is not already corrected.

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)].