The above-captioned case was scheduled for hearing on April 5, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Jasparro, Walker and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal James Given of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker 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 both a May 25, 2010 inspection report compiled by the Narragansett Fire Marshals Office along with an April 4, 2011 plan of action compiled by the Applicants fire protection engineer.  The above report and plan of action were utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the April 5, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the May 25, 2010 inspection report along with the April 4, 2011 plan of action 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-5.  The Board hereby reaffirms the original time variances granted in file number 100134 to correct deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Narragansett Fire Marshals Office.  The Board hereby grants the Narragansett Fire Marshals Office the authority to extend the above timeline for good faith efforts being shown by the Applicant.
6.  Based on the fire protection engineers April 4, 2011 plan of action, and the equivalencies cited therein, the Board hereby grants a variance from the provisions of section 31.3.5.1 in order to allow the Applicant to implement his plan of action in lieu of the complete automatic sprinkler system throughout this facility.  In granting this relief, it is the understanding of the Board that the Narragansett Fire Marshals Office agrees with the fire protection engineers proposals and has no objection.
Specifically, as outlined in the April 4, 2011 plan of action, the Applicant is directed to install a municipally connected fire alarm system in accordance with RI Uniform Fire Code requirements throughout the building.  The Applicant is further directed to repair all sections of damaged gypsum wallboard ceilings throughout the basement.  The Applicant is further directed to seal all unprotected penetrations throughout the basement areas with an approved fire stopping material.  The Applicant is further directed to repair all doors servicing the basement areas including the doors on the first floor level and the basement level so that they are all self-closing and self-latching.  The Applicant is further directed to extend the dwelling unit separation walls in the attic spaces to the underside of the roof sheeting and to seal all unprotected vertical openings within the dwelling unit separation walls within the attic spaces with an approved fire-stopping material.  The Applicant is further directed to trim all trees around the perimeter of the building to provide for sufficient fire department access.  Finally, the Board hereby grants the Applicant a time variance until August 31, 2011 in which to implement the above plan of action, at the direction and to the satisfaction of the Narragansett Fire Marshals Office.  The Board hereby grants the Narragansett Fire Marshals Office to extend the above timelines for good faith efforts being shown 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)].