The above-captioned case was scheduled for hearing on May 11, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Scott Caron of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson 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 an April 21, 2004 inspection report compiled by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the May 11, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the April 21, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency #1 by providing the third floor of this facility with an approved fire escape platform, ladder and grate across the existing lower roof at the direction and to the satisfaction of the Smithfield Fire Marshal.  The Board further grants the Applicant time variance of 120 days to provide the second floor of this facility with an approved fire escape platform and ladder system installed at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office.  The above fire escape systems shall be accessed by windows approved by the Smithfield Fire Marshal’s Office for emergency egress.  Finally, the Board hereby directs the Applicant to remove all locks and locking devices from those doors through which access to the fire escape windows are achieved.  The Applicant may further provide an eight (8) foot lead to ground from the fire escape ladder to the existing grade.
	
2. It is the understanding of the Board that a variance was previously granted to cover deficiency #2. 
	
3. The Board hereby directs the Applicant to correct deficiency #3 by re-swinging the second floor egress door in the direction of exit travel at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision.	

4. It is the understanding of the Board that the Applicant shall correct deficiency #4 within 120 days of the date of this decision.
	
5. It is the understanding of the Board that the Applicant shall correct deficiency #5 within 120 days of the date of this decision.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by providing hardwired or wireless carbon monoxide detector in all apartment units on or before July 1, 2005, at the direction and to the satisfaction of the Smithfield Fire Marshal.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by providing this facility with an approved rapid entry Knox box system installed at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision.

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 Applicant’s 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 Board’s 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 Board’s 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)].