The above-captioned cases were scheduled for hearing on January 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Walker, Preiss, Jasparro and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson 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 17, 2005 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 January 22, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the February 17, 2005 inspection report, with two (2) exceptions noted during the hearing, as its initial findings of fact.  The two exceptions referenced in the hearing involve 152 Camp Street which actually contains six (6) apartments and is three (3) stories in height.  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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 and that this complex has been equipped with an approved key box for fire department access.
	2.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 2 by providing smoke detection and carbon monoxide detection in the apartments at 152 Camp Street.
	3.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 3 by providing buildings 152 and 154 Camp Street with approved local fire alarm systems installed at the direction and to the satisfaction of the Providence Fire Marshal's office. 
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 5 by sealing off all of the unprotected penetrations within the firewalls in the basement of all three (3) buildings of this complex.  The above penetrations shall be properly firestopped at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6.  During the January 22, 2008 hearing on this matter, the Board was advised by the Providence Fire Marshal's office that deficiency 6 is moot and that Building 152 is not four stories in height and therefore would not be required to be sprinklered.  The Board was further advised by the Providence Fire Marshal's office that as a condition of all of the variances herein, the owner shall provide the Providence Fire Marshal's office with a letter indicating he will not occupy the basement of building 152 but rather utilize the space only for storage.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 8 by providing the newly installed doors with approved self-closers, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of section 31.2.2.3.1 and 7.2.2 in order to allow the Applicant to maintain the existing cited winding stairs within this complex.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	11.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to complete the installation of approved illuminated exit signs throughout this facility, at the direction and to the satisfaction of the Providence Fire Marshal.  It is the understanding of the Board that the Applicant has currently emergency lighting in place.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the cited combustible material stored under the stairs at 152 Camp Street.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this complex with approved portable fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	15.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 15 at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the State Mechanical Code requirements.
	16.  The Board hereby directs the Applicant to correct deficiency 16 at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that the basement shall not be occupied and that the referenced fourth floor of building 152 is actually the third floor of that building.  In the event the Applicant needs additional time to comply at the direction of the Providence Fire Marshal's office, the Board hereby grants the Applicant a time variance of ninety (90) days from 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 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)].