The above-captioned case was scheduled for hearing on July 19, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Evans, Newbrook, Burlingame, Pearson, Filippi, OConnell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn 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 22, 2004 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 July 19, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the December 22, 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.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with approved fire extinguishers within fifteen (15) days of the date of this decision.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 2 by providing the boiler room with either an approved enclosure or protection, from domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the Providence Fire Marshals office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the boiler with an approved remote shut-off switch installed as part of the fire alarm system of this facility, within 120 days of the date of this decision.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing a single key box on the front of this building, installed at the direction and to the satisfaction of  the Providence Fire Marshals office within 120 days of the date of this decision.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by either providing this entire facility with a municipally connected fire alarm system or by providing approved separation between building 140 and building 142 and thereupon providing each building with an approved local fire alarm system within the same 120 day period.  The above alarms and/or separation shall be installed at the direction and to the satisfaction of  the Providence Fire Marshals office.
	6.  It is the understanding of the Board that deficiency 6 has been corrected by the Applicant and therefore is withdrawn.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing approved emergency lighting throughout the common hallways of this facility, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency  8 and is therefore withdrawn.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide an approved twenty (20) minute rated door in the stairway of the basement of this facility, at the direction and to the satisfaction of the Providence Fire Marshals office.
	10.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the existing door jambs of the cited apartment units with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshals office within 120 days of the date of this decision.
	11.  If the Providence Fire Marshals office is satisfied that the Applicant is making good faith progress toward the correction of the deficiencies outlined above, the Providence Fire Marshals office shall have the authority to extend the deadlines outlined herein. 

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)].