The above-captioned case was scheduled for hearing on September 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier, Richard Silva and Steve Moise of the Providence Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner 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 a January 10, 2005 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 13, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the January 10, 2005 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.  The Board hereby directs the Applicant to submit fire alarm plans to the Providence Fire Marshals office which would include the placement of smoke and carbon monoxide detectors throughout this facility.  The Board hereby grants the Applicant a period of 120 days from the date of this decision in which to execute the above plans and provide this facility with an approved fire alarm system, smoke detection and carbon monoxide detection at the direction and to the satisfaction of the Providence Fire Marshals office.
	2.  During the September 13, 2005 hearing on this matter, the Board was advised that the Applicant has provided the cited doors with approved spring loaded hinges.  The Board hereby directs the Applicant to provide the cited existing door jambs with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be retrofitted with the existing hinge hardware.  The above project shall be concluded within 120 days of the date of this decision, at the direction and to the satisfaction of the Providence Fire Marshals office.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Providence Fire Marshals office.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved fire department key box, installed at the direction and to the satisfaction of the Providence Fire Marshals office.
	5.  The Board hereby directs the Applicant to upgrade the emergency lighting in this facility, at the direction and to the satisfaction of the Providence Fire Marshals office, within 120 days of the date of this decision.
	6.  The Board hereby directs the Applicant to provide this facility with an approved Class A finish on the wainscoting, installed at the direction and to the satisfaction of the Providence Fire Marshals office within 120 days of the date of this decision.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by repairing the cited holes in the walls and sheared egresses, at the direction and to the satisfaction of the Providence Fire Marshal's office within 120 days of the date of this decision/
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with thirty-two (32) inch apartment doors, to the satisfaction of the Providence 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 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)].