The above-captioned case was scheduled for hearing on January 29, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Pearson 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 July 19, 2012 inspection report (12-823-IS) 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 January 29, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the July 19, 2012 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (12-1249-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the January 29, 2013 hearing on this matter, in which to develop and submit a plan of action to the State Fire Marshals Office for the correction of deficiency 1 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement that plan of action.  The Board notes that the State Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  (12-1250-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with properly keyed manual pull stations.
	3.  (12-1251-VN).  During the January 29, 2013 hearing on this matter, the Board was advised by the Applicant that deficiency 3 had been corrected.  Accordingly, the Board directs the State Fire Marshals Office to confirm this correction.  In the event additional work is necessary, the Applicant shall perform that work within a timetable established by the State Fire Marshals Office. 
	4.  (12-1253-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing the cited sleeping rooms in the apartment dwellings with approved mini horns, at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (12-1254-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing Apartment 3E with the required heat detection in the kitchen area.  
	6.  (12-1255-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by providing this facility with approved heat detection at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  (12-1256-VN).  The Board has been advised by the Applicant that he has corrected deficiency 7.  Accordingly, the Board directs the State Fire Marshals Office to confirm this correction and, if additional work is needed, to grant the Applicant additional time in order to make the final corrections.
	8-11.  (12-1257-VN, 12-1258-VN, 12-1260-VN and 12-1261-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant to correct deficiencies 8, 9, 10 and 11 at the direction and to the satisfaction of the State Fire Marshals Office.
	12-16.  (12-1262-VN, 12-1263-VN, 12-1264-VN, 12-1265-VN and 12-1266-VN).  The Board hereby grants the Applicant a time variance of fifteen (15) days from the date of the January 29, 2013 hearing, in which to correct deficiencies 12, 13, 14, 15 and 16 at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that the State Fire Marshals Office shall have the authority to extend the above timelines for good faith efforts being shown by the Applicant.
	17.  (12-1267-VN).  It is the understanding of the Board that deficiency 17 has been corrected by the Applicant to the satisfaction of the State Fire Marshals Office.
	18.  (12-1268-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 18.
	19-20.  (12-1269-VN and 12-1270-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 19 and 20 at the direction and to the satisfaction of the State Fire Marshals Office.  
	21.  (12-1271-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 21 at the direction and to the satisfaction of the State Fire Marshals Office.
	22.  (12-1272-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 22 at the direction and to the satisfaction of the State Fire Marshals Office.
	23-24.  (12-1386-VN and 12-1248-VN).  The Board hereby directs the Applicant to provide the State Fire Marshals Office with the documentation requested as outlined in the above deficiencies.  The Board notes that the above deficiencies may also be impacted by the revisions of the latest edition of the State Fire Code which became effective on January 1, 2013.

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)].