The above-captioned case was scheduled for hearing on November 5, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson 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 an October 3, 2013 inspection report (13-1351-IS) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 5, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 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.  (13-1212-VN).  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 State Fire Marshals Office.  The Board notes that the State Fire Marshals Office shall have the ability to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  Finally, the Board notes that the Applicant shall have the option of correcting this deficiency by installing either steel or solid wood doors in the existing door jambs in the apartments of this facility provided those doors maintain an approximate fire rating of twenty (20) minutes or, the Applicant may provide any questionable door with an approved intumescent paint product which, by its specifications, would provide a fire rating of the doors.  The Board notes that the above intumescent paint product would have to be pre-approved by the State Fire Marshals Office and that the application of the product would have to be properly documented by the Applicant, to the satisfaction of the State Fire Marshals Office.
	2.  (13-1213-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing the cited apartment doors with approved self-closing devices installed at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  (13-1215-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (13-1216-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing this facility with approved hard wired smoke and carbon monoxide detection installed at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that the facility is currently protected by temporary battery powered smoke detection.
	5.  (13-1217-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by either properly enclosing the cited furnace or by providing an approved domestically supplied sprinkler head above it, installed at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (13-1210-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing this facility with both approved emergency lighting and exit signage, installed at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  During the hearing, the Applicant was advised by Commissioner Sylvester that one of the tenants of the facility had placed an air conditioner in the window servicing the fire escape of this facility.  The Applicant agreed with the Board that the air conditioner should be removed immediately.  Accordingly, as a condition of the variances granted herein, the Applicant is directed to immediately remove the cited air conditioner and maintain the window free and clear in order to provide emergency access to the fire escape system of this facility.

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)].