The above-captioned case was previously before the Board on October 23, 2012 and a time variance was thereupon issued.  The parties returned to the Board on May 7, 2013, at which time the Board directed a follow-up inspection and the development of a plan of action.  The Board further directed the parties to return on June 11, 2013.  Accordingly, the above captioned case was re-scheduled for hearing on June 11, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Thornton, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a June 7, 2013 inspection report (13-782-IS) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Providence Fire Marshals Office and the State Fire Marshals Office during the June 11, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the June 7, 2013 State Fire Marshals 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
	1-7.  (13-653-VN, 13-651-VN, 13-655-VN, 13-657-VN, 13-658-VN, 13-654-VN and 13-661-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days in which to complete the remaining work on items 1 through 7, at the direction and to the satisfaction of the State and Providence Fire Marshals offices.  
	8.  (13-667-VN).  The Board hereby grants the Applicant a variance in order not to provide one-hour separation between the apartment and mercantile occupancies of this facility, conditioned upon the Applicants agreement to install a municipally connected fire alarm within this facility, and to provide an additional domestically supplied sprinkler head in each of the two (2) mercantile occupancies below the apartment units.  Compliance with the conditions of the above variance shall be at the direction and to the satisfaction of the State and Providence Fire Marshals offices.  Finally, 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 for the installation of the municipally connected fire alarm system an additional sprinkler heads in the mercantile areas.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action and complete installation of the sprinkler heads and municipally connected fire alarm system.  The Board notes that the municipally connected fire alarm system and the domestically supplied sprinkler heads throughout this facility shall be maintained as a required system in consideration of the variance being granted.  Finally, the Board notes that the Providence and State Fire Marshals offices have no objection to this relief.
	9-14.  (13-669-VN, 13-673-VN, 13-674-VN, 13-675-VN, 13-659-VN and 13-680-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiencies 9, 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the State and Providence Fire Marshals Offices.
	15.  The Board notes that the State and the Providence Fire Marshals offices shall have the authority to extend any 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)].