The above-captioned case and a companion case were scheduled for hearing on July 31, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Richard, Filippi, Pearson, Jasparro and Jackson were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal John Wheeler of the North Providence Fire Marshal's Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is an existing apartment building.  The Board further finds that this facility is a three-story structure containing a center hallway that is shared by all three (3) floors as the means of egress.  The Board further finds that there are two (2) exits on both the north and south sides of the building.  The Board finds that the building appears to be of Type V (000) construction.  The Board further finds that there is one central utility room supplying the entire building on the first floor.  The Board further finds that there is a laundry room also located on the first floor.  Finally, the Board finds that the calculated occupant load is approximately sixteen (16) people per floor.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the July 31, 2007 hearing on this matter, the State Fire Marshal's office advised the Board that the Applicant needed additional time to address the fire alarm deficiencies and other items listed on the May 12, 2005 inspection report.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct the deficiencies outlined on the May 12, 2005 inspection report.  

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)].