The above-captioned cases were scheduled for hearing on November 6, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Dillon and Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the above forty-one (41) buildings are apartment occupancies located within the City of Providence.  The Boards finds that the Applicant is a management company currently authorized by the owners of twenty-five (25) of these facilities to request a time variance under the state fire code.  The Board finds that the remaining sixteen (16) facilities are under new management and no longer controlled by the Applicant.  The Board further finds that the Applicant has provided the Providence Fire Marshals Office with the contact information for those sixteen (16) facilities during the November 6, 2008 hearing.  Accordingly, the Board shall close file numbers 050390, 050391, 050393, 050394, 050395, 050399, 050400, 050402, 050417, 050419, 050422, 050423, 050425, 050428, 050429 and 050431 in order to allow the Providence Fire Marshals Office to contact the new management and advise them of any outstanding fire code deficiencies.   
The Board further finds that the Applicant has requested a time variance to complete the installation of approved fire alarm systems in each of these facilities.  The Applicant has advised, and the Board finds, that many of these facilities have been provided with new fire alarm systems over the past few years.  The Board hereby incorporates by reference a November 4, 2008 status report compiled by the Applicant in support of his request and presented to the Board and the Providence Fire Marshal's Office during the November 6, 2008 hearing. 

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a time variance until November 15, 2009 to bring these buildings into compliance with the State Fire Code, to the satisfaction of the Providence Fire Marshals Office.  The Board hereby directs the Applicant to provide the Providence Fire Marshals Office with a list or other documentation outlining the order of the buildings to be addressed, the proposed time lines for compliance, and, in general, how they plan to proceed with, and complete, this project within the above time period.  

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)].