The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Burlingame 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 December 27, 2004 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the August 22, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 27, 2004 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 grants the Applicant a period of thirty (30) days in order to develop a plan of action for compliance with the items in this report.  The Board further grants the Applicant an additional 120 days from the expiration of the above thirty days in order to completely correct all of the remaining deficiencies within this report.  Accordingly, the Applicant is hereby directed to provide this facility with an approved local fire alarm system within the above time schedule of 30 days to present a plan of action and 120 days from the expiration of the 30 days to implement the plan of action.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved hard-wired or wireless smoke and carbon monoxide detectors installed at the direction and to the satisfaction of the Cranston Fire Marshal's office in accordance with the above schedule as outlined in item 1.
	3.  The Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Cranston Fire Marshal's office within the timetable outlined in item 1 above.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the Cranston Fire Marshal's office, within the timetable outlined in item 1 above.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly maintaining the fire escape of this facility.
	6.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing walls of the egress system of this facility as long as they are maintained in good repair, at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited coverings and materials in the egress system with an approved Class A finish, installed at the direction and to the satisfaction of the Cranston Fire Marshal's office, within the timetable outlined in item 1 above.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing approved solid core wood or steel doors with approved self-closing devices maintaining an approximate fire rating of twenty (20) minutes within the existing door jambs of the egress system of this facility.  The above doors shall be installed at the direction and to the satisfaction of the Cranston Fire Marshal's office within the timetable outlined in item 1 above.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by keeping the fire escapes in good repair.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing this facility with an approved remote shut-off switch.
	13.  It is the understanding of the Board that deficiency 13 is moot because each of the furnace units in this facility is 125,000 BTU.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing approved fire extinguishers within each apartment unit.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 to the satisfaction of the Cranston Fire Marshal's office.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by removing the cited debris from the basement.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by properly maintaining the exterior egress of this facility free of ice and snow at all times.

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)].