The above-captioned case was scheduled for hearing on October 1, 2013 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Booth, Walker, Thornton, Jackson and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioners Richard and Booth 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 2, 2013 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the October 1, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the July 2, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	2.  The Applicant is granted a time variance of thirty (30) days from the date of this decision in which to prepare and submit a plan of action to the East Providence Fire Marshals Office for the correction of deficiency 2, for the installation of pull stations at the cited exits.  The Applicant is granted an additional 150 days in which to implement the above plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	3-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4 and 5, and that the East Providence Fire Marshals Office will verify that correction.
	6.  The Applicant is granted the time variance outlined in item 2 above, in order to correct deficiency 6 by installing a CO detector outside the cited sleeping room, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	7.  The Applicant is granted the time variance outlined in item 2 above, in order to correct deficiency 7 by replacing the missing hard wired smoke/CO detector on the third floor of this facility, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	8.  The Applicant is granted the time variance outlined in item 2 above, in order to correct deficiency 8 by installing the required CO detection in the third floor unit of this facility, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	9-10.  The Applicant is granted the time variance outlined in item 2 above, in order to correct deficiencies 9 and 10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	11.  The Applicant is granted a variance to maintain the current configuration of the cited basement apartment windows, upon correction of items 9 and 10 above.  Specifically, once items 9 and 10 above have been corrected and the Applicant has provided two (two) compliant means of egress from the basement apartment at the direction and to the satisfaction of the East Providence Fire Marshals office, the Applicant shall be granted a variance from the provisions of section 31.2.1.2.
	12.  The Applicant is granted the time variance outlined in item 2 above, in order to correct deficiency 12 by removing the cited gas grill from the first floor deck.
	
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)].