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, Jackson, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Cary, Powers, Bellamy and Almasian of the East Providence Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facilities are apartment occupancies managed by the Applicant.  The Board further finds that the Applicant has requested a time variance to implement a plan of action to bring these buildings in compliance with the State Fire Code.  The Board has been advised by the East Providence Fire Marshals Office that the Applicant did not submit a plan of action for review by that office on or before July 1, 2008.  Accordingly, the East Providence Fire Marshals Office advised the Board that the subject facilities are now being be re-inspected under Rhode Island Life Safety Code Chapter 31 and that the Applicant would be provided with an updated inspection report for each subject facility.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance of forty-five (45) days from his receipt of the East Providence Fire Marshals inspection reports covering the above properties, to prepare and submit a plan of action to bring these facilities into compliance with the fire code.  The above plan of action shall further include all time tables agreed to by the parties for the implementation of the plan.  The East Providence Fire Marshals Office is hereby granted the discretionary authority to extend the above deadline for good faith efforts being made by the Applicant. 

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)].