The above-captioned cases were scheduled for hearing on February 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Newbrook 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 July 16, 2007 inspection report compiled by the Cumberland Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the February 2, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the July 16, 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 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's office.  
	6.  In light of the very small stair and open risers within these facilities, the Board hereby grants a variance in order to allow the Applicant to maintain a single smoke detector in each stairway mounted on the ceiling of the third floor landing.  In granting this relief, it is the understanding of the Board that the Cumberland Hill Fire Marshal's office has no objection.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by upgrading the pull stations of these facilities.
	8.  It is the understanding of the Board that deficiency 8 is moot and not a violation of the State Fire Code.
	9-10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans and an additional 120 days to implement those plans by correcting deficiencies 9 and 10 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's office.  The Board hereby grants the Cumberland Hill Fire Marshal's office the ability to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	11-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Cumberland Hill 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)].