The above-captioned case was scheduled for hearing on February 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Jackson, Preiss, Pearson, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Gregory Unsworth of the North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi 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 November 26, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the State Fire Marshal's Office and the North Providence Fire Marshals Office during the February 26, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 26, 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(a)(b).  The Board hereby grants a variance from the provisions of sections 33.2.2.6.1 and 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing cited width of the back and basement stairways of this facility.  This variance is granted on the basis of structural hardship in light of the other safeguards within this facility.
	2.  The Board hereby grants a variance from the provisions of section 33.2.2.6 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited winders in both the back stairways and basement stairways of this facility.  In granting this relief, on the basis of structural hardship, the Board relies on the additional safeguards to be provided by the applicant.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the February 16, 2010 hearing in which to submit plans for the installation of approved hard wired approved carbon monoxide detectors for this facility.  The Board hereby grants the Applicant an additional 120 days in which to install the above hardwired carbon monoxide detectors.  Finally, the Board hereby grants the State Fire Marshal's office the authority to extend either or both of the above deadlines for good faith efforts being made by the applicant.
	4.  The Board hereby grants a variance from the provisions of section 33.3.2.2.1 in order to allow the Applicant to utilize the existing fire escape from the third floor of this facility as an emergency means of egress.  As a condition of this variance, the Board directs the Applicant to provide the State Fire Marshal's office with approved structural testing and certification of the fire escape at the direction and to the satisfaction of the State Fire Marshal's office within the above time period outlined in item 3.  This variance is granted on the basis of structural hardship pursuant to the Board's understanding that the fire escape is accessed through windows that are approximately 5.2 square feet in dimension.
	5.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 5 by properly enclosing the cited front stairway and providing the stairway with an approved rating at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by installing the required exit sign in the basement area of this building.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the cited emergency lighting in the third floor stairway, the first floor near the entrance door and the first floor kitchen of this facility.
	8.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 8 by providing the bedrooms of this facility with approved smoke and CO detectors, installed at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of section 33.2.2.6, 7.2.2.3.2.1 and 7.2.2.3.2.5 in order to allow the Applicant to maintain the existing basement door without a landing at the top of the stairs.  This variance is granted on the basis of structural hardship and in light of the existing condition.
	10.  The Board hereby grants a variance from the provisions of section 7.1.5.3 in order to allow the Applicant to maintain the existing seventy-two (72) inch head room at the base of the stairs in the basement of this facility.  This variance is granted on the basis of structural hardship in light of the existing condition and due to the fact that the basement is utilized primarily for storage and staff laundry only.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by mechanically protecting the fire alarm circuit breaker of this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing the gas dryer with an approved rigid metal vent.
	13-17.  The Board hereby grants the Applicant the time variance outlined in item 3 above to correct deficiencies 13, 14, 15, 16 and 17 of the November 26, 2007 inspection report at the direction and to the satisfaction of the State Fire Marshal's office.  Specifically, the Applicant shall provide this facility with an approved municipally connected fire alarm system, approved double action fire alarm boxes, an approved fire alarm drill switch, an approved properly functioning third floor window providing access to the fire escapes of this facility and approved smoke detection in the area of the fire alarm panel, at the direction and to the satisfaction of the State Fire Marshal's office.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 by addressing the cited trouble signal of the existing fire alarm 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)].