The above-captioned cases were scheduled for hearing on January 12, 2010 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Dias, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Karpovitz of the Middletown Fire Marshals Office.  A motion addressing buildings 1-11 was made by Commissioner Dias and seconded by Commissioner Richard and passed with Commissioner Blackburn abstaining.  A second motion covering buildings A-H was made by Commissioner Richard and seconded by Commissioner Dias.  This motion was passed unanimously by the Board.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 14, 2007 inspection report compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the January 12, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 14, 2007 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that deficiency 1 is informational in nature and reflects the remaining deficiencies.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by removing all gas grills on the balconies of this facility.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved carbon monoxide detection.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the boilers of this facility with approved remote shut-off switches.
	5.  The Board hereby grants the Applicant a time variance in order to complete the municipal fire alarm systems in the brick buildings of this facility, at the direction, to the satisfaction and within a timetable approved by the Middletown Fire Marshal's office.
	6.  The Board hereby grants the Applicant a time variance in order to provide the municipal fire alarm systems in the wood buildings of this facility, at the direction, to the satisfaction and within a timetable approved by the Middletown Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7, if it has not done so throughout this facility, at the direction, to the satisfaction and within a timetable approved by the Middletown Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved emergency lighting.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved exit signage.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the apartment doors with approved self-closers.
	11.  The Board hereby grants a variance to buildings 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 in order to allow the Applicant to maintain the existing corridor configuration and not to provide additional smoke barriers within the corridor spaces and to further grant the Applicant relief from continuing the existing stair railings.  In granting this relief, it is the understanding of the Board that the Middletown Fire Marshal's office has no objection on the basis of structural hardship.  In addition, the Board hereby grants a variance covering buildings A, B, C, D, E, F, G and H in order to allow the Applicant to maintain exits into the common corridor and to maintain the existing remoteness of those exits.  In granting this relief, it is the understanding of the Board that the Middletown Fire Marshal's office has no objection, also based on structural hardship and existing construction.  
Finally, if there are any additional corrections to be made to this facility, the Board hereby directs the Applicant to make those corrections at the direction, to the satisfaction and within a timetable established by the Middletown Fire Marshal's office. 

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)].