The above-captioned cases were scheduled for hearing before a subcommittee of the Board on October 15, 2009 at 9:30 A.M.  At that time, Acting Chairman Jasparro and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  
The above subcommittee recommendations were thereupon presented to the full Board 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.  A motion to approve the subcommittee recommendations was made by Vice Chairman Newbrook and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 2, 2006 inspection report covering a January 26, 2006 inspection of this facility by the Warwick Fire Marshals Office.  The May 2, 2006 inspection report was utilized by the Board, the Applicant and the Warwick Fire Marshals Office during the October 15, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the May 2, 2006 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 
	1-4.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to develop and submit a plan of action outlining the correction of deficiencies 1, 2, 3 and 4 of the May 2, 2006 inspection report.  Specifically, the plan shall list the Applicants installation of fire alarm systems, carbon monoxide detection, emergency lighting and exit signage throughout the buildings of this complex, at the direction and to the satisfaction of the Warwick Fire Marshal's office.  The Applicant shall have an additional six (6) months from the above ninety-day period in which to implement the above plan and upgrade the apartments within this complex.  The Applicant is hereby directed to provide the Warwick Fire Marshal's office with updates of his progress in developing the plan and implementing the plan, on thirty-day intervals.  The Warwick Fire Marshal's office is hereby granted the ability to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.  Finally, the Board hereby grants a variance in order to allow the Applicant to maintain a campus-wide master box with strobe lights on the individual buildings, as opposed to being required to install separate master boxes in each of the individual buildings.
	5-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7 and 8 at the direction and to the satisfaction of the Warwick Fire Marshal's office.
	9.  It is the understanding of the Board that deficiency 9 is not applicable to this complex.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the required egress system doors.
	11.  It is the understanding of the Board that deficiency 11 is not applicable to this complex.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by either segregating the furnace areas of this complex or providing approved domestic sprinkler system coverage, at the direction and to the satisfaction of the Warwick Fire Marshal's office within the time frame outlined in items 1 through 4 above.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14.
	15.  It is the understanding of the Board that deficiency 15 is not applicable to this facility.
	16.  Finally, the Board notes that all of the deficiencies listed for the clubhouse of this complex shall be corrected prior to the re-occupancy of the clubhouse, at the direction and to the satisfaction of the Warwick Fire Marshals 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).