The above-captioned cases were scheduled for hearing on September 22, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the September 2,, 2009 hearing on this matter, the Board had before it a March 16, 2006 meeting memorandum outlining the Applicants plan of action and a May 5, 2006 response to the above meeting memorandum issued by the Providence Fire Marshal's office.  The above documents were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 22, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 16, 2006 meeting memorandum/plan of action along with the May 5, 2006 response to the meeting memorandum 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 September 22, 2009 hearing on this matter, the Board noted that this Applicant had been filed in 2006 and that it had not been requested to be expedited by either party.  The Board notes that subsequently, by blanket variance 08-02, the Applicant would have been allowed to utilize the fifteen-point plan for apartment buildings provided that the work had been completed on or before January 1, 2009.  The Applicant is now requesting to utilize the fifteen-point plan as outlined in its March 16, 2006 meeting memorandum.  The Applicant is further requesting additional time in order to implement this plan.  In light of the equities of this case, the Board hereby grants the Applicant a time variance of 180 days from the September 22, 2009 hearing date in which to implement its original plan of action as outlined in the March 16, 2006 meeting memorandum submitted to the Providence Fire Marshal's office.  The Board further grants the Providence Fire Marshal's office the ability to extend the above deadline for good faith efforts being shown by the Applicant.

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)].