The above-captioned case was 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 was made by Commissioner Richard and seconded by Commissioner Jasparro 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 June 12, 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 June 12, 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.  During the January 12, 2010 hearing on this matter, the Board was advised and finds that the fire alarm system of this facility is not up to code, but that the Applicant has fixed and tested the heat detection.  The Board was further advised and finds that the Applicant shall provide hard wired smoke detection with battery back-up within the units and shall upgrade the smoke detection at the direction and to the satisfaction of the Middletown Fire Marshal's office.  The Board was further advised and finds that the Applicant shall provide approved exit and emergency lighting on each wing of this facility and shall make all of the above corrections prior to the re-opening of the facility on March 17, 2010.  In light of the above upgrades and the fact that this facility may be involved in substantial demolition and/or renovation, the Board hereby grants the Applicant a time variance of twenty-four (24) months from the date of this decision in which to develop and implement a plan of correction for deficiencies 1, 3 and 4, at the direction and to the satisfaction of the Middletown Fire Marshal's office.  Specifically, within the above twenty-four month period, the Applicant shall upgrade the fire alarm system to a fully compliant system.  The Applicant shall further provide the laundry room with approved protection and provide the basement access with approved protection.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by properly maintaining the fire extinguishers within this facility.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by properly protecting the laundry room.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above to properly protect the basement access.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly protecting the laundry chute within 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)].