The above-captioned case was scheduled for hearing on 1/14/2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Thornton, Jackson, Richard and Burlingame were present.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The fire service was represented by Assistant Deputy State Fire Marshal Matthew Manni of the West Warwick Fire Marshals Office.  The Applicant was represented by Ms. Deborah Stebenne and Mr. Tom Riley.  A motion was made by Commissioner Thornton and seconded by Commissioners Jackson 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 10/16/2013 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 1/14/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 10/16/2013 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 installation of a fire alarm system within this facility.  The Board further grants the Applicant an additional one hundred fifty (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.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with approved 110 volt AC smoke and CO detection.  The Board notes that there is currently a question as to whether this detection is required in the bedrooms of this facility.  Accordingly, the Board hereby grants the Applicant relief in this case not to provide smoke and CO detection in the individual bedrooms of this facility.  The Board further directs the applicant to install temporary battery-powered smoke alarms and CO detectors within fourteen (14) days, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	3-5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 3, 4 and 5 by providing this facility with an approved key access box, emergency lighting and exit signage, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above to treat all wainscoting within the front, rear and basement stairs with an approved intumescent paint product which, by its specifications, would provide a fire rating of the finish.  The Board notes that the above intumescent paint product would have to be pre-approved by the West Warwick Fire Marshals Office and that the application of the product would have to be properly documented by the Applicant, to the satisfaction of the West Warwick Fire Marshals Office.
	7.  It is the understanding of the Board that the Applicant has partially complied with this deficiency by installing self-closing devices on all doors leading to common areas.  The Board hereby grants the Applicant the time variance outlined in item 1 above to correct this deficiency by installing either steel or solid wood 1-3/8 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 interior layer of 5/8 gypsum drywall, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above to certify the fire resistance rating of the top floor front landing carpet or replace it with an approved material, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	9 & 10.  It is the understanding of the Board that the Applicant has corrected deficiencies 9 & 10 by removing all storage from the front hallway of Unit  5 and installing identifier numbers on Units  4 & 5.
	11.  The Board hereby grants the Applicant a time variance of fourteen (14) days to correct this deficiency by properly sizing, mounting, tagging and inspecting the fire extinguishers within this facility, at the direction and to the satisfaction of the West Warwick Fire Marshals Office.
	12 & 13.  It is the understanding of the Board that the Applicant has corrected deficiencies 12 & 13 by properly covering all electrical outlets and replacing all light bulbs in the basement.
	14.  The Board hereby grants the Applicant a time variance of two (2) days to correct this deficiency by removing any gasoline or other flammable liquids from the basement.
	15.  The Board hereby grants the Applicant a time variance of fourteen (14) days to correct this deficiency by removing the charcoal grill located on the 1st floor rear porch.
	16.  The Board hereby grants the Applicant a time variance of fourteen (14) days to correct this deficiency by removing all refuse stored under the 1st floor rear porch.
	Finally, the Board hereby authorizes the West Warwick Fire Marshals Office to extend 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)].