The above-captioned case was scheduled for hearing on May 2, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi, OConnell, Jackson and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshals Robert Kelly and Michael Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Blackburn 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 May 9, 2006 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the May 1, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 9, 2006 inspection report as 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, 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.	The Board hereby directs the Applicant to correct deficiency 1 by immediately removing the laundry unit from the stairwell and sealing off this area with approved sheet rock and a solid core door having an approximate fire rating of twenty (20) minutes.  The Board further directs the Applicant to provide this area with an approved heat detector installed at the direction and to the satisfaction of the East Providence Fire Marshals Office.
2.	It is the understanding of the board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the East Providence Fire Marshals Office.
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 at the direction and to the satisfaction of the East Providence Fire Alarm Superintendent.  The East Providence Fire Alarm Superintendent may extend the above deadline for good faith efforts made by the Applicant.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the cited storage.
5.	The Board hereby directs the Applicant to correct deficiency 5 by providing the boiler room with an approved door installed at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board notes that the boiler room currently has make-up air from the outside.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by installing the required remote shut off for the boiler.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the apartment doors with approved self-closures.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by repairing the emergency lighting on the second floor.
9.	The Board hereby directs the Applicant to remove the laundry unit in the stairwell immediately and only to replace it if and when the laundry room is made compliant with the code at the direction and to the satisfaction of the East Providence Fire Marshals Office.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 regarding the fire extinguisher inspection.
11.	The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to upgrade the fire alarm system within this facility at the direction and to the satisfaction of the East Providence Fire Alarm Superintendent.  The East Providence Fire Alarm Superintendent is hereby authorized to extend the above deadline for good faith efforts being shown by the Applicant.
12.	It is the understanding of the Board that the Applicant has corrected deficiency 12 by removing the storage under the front stairs of Bldg. B.
13.	The Board hereby directs the Applicant to correct deficiency 13 by providing the boiler room with an approved door that will properly close.
14.	It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing a remote shut off for the boiler in Bldg. B.
15.	It is the understanding of the Board that the Applicant has corrected deficiency 15 by providing the apartment doors in Bldg. B with approved self-closures.
16.	The Board hereby directs the Applicant to remove the laundry unit from the stairwell in Bldg. C immediately.  The Board hereby directs that the Applicant shall not replace the unit unless the laundry room has been made fully compliant prior to the replacement.
17.	It is the understanding of the Board that the Applicant has corrected deficiency 17 by having the cited fire extinguisher inspected.
18.	The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this Decision in order to complete the upgrading of the fire alarm for this facility.  In the event that the Applicant need additional time, the East Providence Fire Marshals Office may grant the time extension from this deadline for good faith efforts being shown by the Applicant.
19.	It is the understanding of the Board that the Applicant has corrected deficiency 19 by removing the cited storage in the front stairs of this facility.
20.	The Board hereby directs the Applicant to correct deficiency 20 by providing the boiler room with an approved door that will be closed at all times.
21.	The Board hereby directs the Applicant to correct deficiency 21 by providing the boiler in Bldg. C with an approved remote shut off switch.
22.	It is the understanding of the Board that the Applicant has corrected deficiency 22 by providing the apartment doors in Bldg. C with approved self-closures.
23.	It is the understanding of the Board that the Applicant has corrected deficiency 23 with respect to the open junction box in the boiler room.

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)].