The above-captioned cases were scheduled for hearing on May 2, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, OConnell, Pearson and Filippi were present.  Commissioners Blackburn and Burlingame recused themselves from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Chairman Farrell abstaining from this vote.
FINDINGS OF FACT
	During the May 2, 2006 hearing on these matters, the Board, the Applicant and the Providence Fire Marshal's office reviewed an April 28, 2006 plan of action submitted by Hughes Associates, Inc.  The Board was further advised that the above plan of action had been reviewed by the Providence Fire Marshal's office.  Accordingly, the Board hereby adopts the April 28, 2006 Hughes plan of action for its initial findings of fact.  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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  With the exception of the items listed below having specific timeframes, the Board hereby grants the Applicant a general time variance of 120 days from the date of this decision in order to correct all remaining deficiencies as outlined in the Applicants evaluation report dated March 30, 2005 and as revised by the Applicant on December 8, 2005.  
	2.  The Board hereby grants the Applicant a time variance in which to correct deficiency 2 by providing a one-hour fire resistant rated separation between the generator and the garage area in Regency Three, in accordance with table 6.1.14.4.1, as follows.  The Board hereby directs that the design documents shall be completed by the Applicant within 120 days of the date of this decision.  The Board further directs that all construction shall be completed and approved by April 30, 2007.  
	3.  The Board hereby grants the Applicant a time variance in order to provide each of the subject Regency buildings with approved high-rise fire alarm systems with voice communication and two-way firefighter telephone capacities, as follows.  The Board hereby directs that the design documents shall be completed by December 31, 2006.  The Board further directs that all installation of the high rise fire alarm systems shall be completed by June 30, 2008.  
	4.  The Board hereby grants the Applicant a time variance in order to provide the three (3) facilities with approved sprinkler coverage installed at the direction and to the satisfaction of the Providence Fire Marshal's office as follows.  The Board notes that existing standpipes are installed in all three (3) buildings.  The Board further notes that existing sprinkler systems currently protect approximately ten percent (10) of the buildings.  The Board hereby directs the Applicant to provide design documents and to complete the same by December 31, 2006.  The Board directs that the sprinkler system shall be completed in the first building by December 31, 2009.  The Board directs that the sprinkler system shall be installed in the second building by July 31, 2012.  The Board directs that the sprinkler system for all of these buildings shall be completed on or before July 31, 2014.
	5.  The Board hereby grants a variance in order to allow the existing bathrooms that open into the exit passageway from stair one in Regency One to remain as presently constructed.  The Board hereby grants this relief on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal's office.  In granting this variance, the Board notes that the cited bathrooms appear to be of fire-rated construction.

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)].