The above-captioned case was scheduled for hearing on March 20, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Pearson, Filippi, Richard and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire District Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioners OConnell and Richard 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 February 24, 2005 inspection report compiled by the Hopkins Hill and Washington Fire District Fire Marshals Offices.  The above report, covering all five (5) buildings in this complex, was utilized by the Board, the Applicant and the Hopkins Hill Fire District Fire Marshal's Office during the March 20, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the February 24, 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, 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.  The Board hereby grants a variance in order to allow the Applicant to enclose the corridors with a fire barrier, including doors with closers, at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's office.  The Board notes that the Applicant may utilize a solid core wood door, having an approximate fire rating of twenty (20) minutes, as the door within the above fire barrier.  The Board hereby grants the Applicant a period of thirty (30) days from the date of this hearing (March 20, 2007) to submit a plan of action.  The Board then shall provide the Fire Marshal's office with an additional thirty (30) days in which to review the plan of action.  Upon completion of the plan of action review by the Fire Marshal's Office, the Applicant shall have an additional 120 days to complete all work, and the Hopkins Hill Fire Marshal's office may increase any of the above deadlines provided the Applicant is demonstrating a good faith effort towards compliance.
	2.  The Board hereby grants the Applicant a time variance, as outlined in item 1 above, in order to provide the apartment doors with approved self-closing devices.  Again, the above timelines may be extended by the Hopkins Hill Fire Marshal's Office for good faith efforts by the Applicant.
	3.  The Board hereby grants a time variance, as outlined in item 1 above, in order to allow the Applicant to replace any hollow core doors within the egress systems of these facilities, along with the storage areas and laundry rooms, with approved solid core doors, having an approximate fire rating of twenty minutes.  The above doors shall be installed at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's Office who, as outlined above, may extend the above timelines for good faith efforts shown by the Applicant.
	4.  During the March 20, 2007 hearing on this matter, the Board was advised that the buildings within this complex fell between two fire districts.  Accordingly, the Board hereby directs that at least one (1) radio box, notifying each fire district, shall be installed within this complex.  However, the Hopkins Hill Fire Marshal's Office shall have the authority to approve a reduction in the number of boxes required in this complex by allowing more than one building to be serviced by the same box, provided it can maintain an approved beacon.  Again, this is totally discretionary with the Fire Marshal, and the Applicant is to install the required radio boxes within this complex within the time period outlined in item 1 above.

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)].