The above-captioned case was scheduled for hearing on March 19, 2009 at 9:30 A.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Jasparro and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal's Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations were thereupon presented to the full Board on March 24, 2009.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Walker, Filippi and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Filippi.  The motion was unanimous to grant the Applicant relief as outlined herein.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 28, 2006 inspection report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the March 19, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by properly maintaining the fire escape system of this facility.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to either submit engineered stamped plans indicating that the separation of this facility complies with section 10 of the code in order to qualify it from relief from the fire alarm or, in the alternative, to submit plans for the installation of a fire alarm system within this facility.  In the event the Applicant submits plans for the fire alarm system within the above thirty-day period, the Applicant shall have an additional 120 days to complete installation of the fire alarm system.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 3 by providing the cited single station smoke and carbon monoxide detectors in each unit of this facility at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved portable fire extinguishers.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to properly fire stop the boiler room of this facility and to further provide the boiler room with an approved remote shut off switch, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing emergency instructions in each dwelling unit of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by properly numbering this facility.
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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 subcommittee recommended Decision within thirty (30) days of the mailing date of this decision by filing an appeal to the entire Board for review pursuant to R.I.G.L. 23-28.3-5(b)(4).  In the absence of a timely appeal, the subcommittee recommendations shall have the status of a full Board Decision.