The above-captioned case was scheduled for hearing on October 20, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn 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 an October 14, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 20, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 14, 2009 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 October 20, 2009 hearing on this matter, the Board approved the following time variance for the Applicant.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in which to receive quotes for the correction of the deficiencies outlined below.  The Applicant shall have an additional thirty (30) days in which to approve those quotes.  Finally, the Board grants the Applicant an additional 120 days from the above deadlines to complete all of the corrections.  The State Fire Marshal's office is further granted the authority to extend any of the above time lines for good faith efforts being shown by the Applicant.
	With regard to the first deficiency, the Applicant is granted the above time variance in which to correct deficiency 1 by providing smoke detection at the fire alarm panel.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 in which to provide the remainder of this building with approved smoke detection at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  The Board hereby grants the Applicant the above time variance in which to provide this facility with approved hardwired carbon monoxide detection in each apartment, at the direction and to the satisfaction of the State Fire Marshal's office.
	4.  Within the above time frame, the Board directs the Applicant to either extend the required sprinkler coverage to those areas above the suspended ceiling tiles noted by the State Fire Marshal's office or to prove to the State Fire Marshal that NFPA sprinkler coverage is not required within this facility.  The Applicant shall comply with one of the above options within the 180 day time period granted in item 1 above.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 at the direction and to the satisfaction of the State 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)].