The above-captioned case was scheduled for hearing on April 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshals Office.  A motion was made by commissioner Newbrook and seconded by Commissioner Wahlberg 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 March 23, 2004 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 April 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 23, 2004 inspection report as its initial finding of fact.  Any modification of The Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
	Upon review of the testimony given, and documentation submitted, in this case, the Board finds that this is a two-story, eight-unit apartment house.  The Board further finds that the structure was built over a full basement between 1985 and 1989.  The Board further finds that the building would have been subject to the state fire code, at the time of construction, including the requirement of installing a municipally-connected fire alarm system.  However, the Board finds that a final certificate of occupancy had not been issued for the project.
	The Board was further advised and finds that plans were submitted and approved for this project as two (2) four-unit apartment houses with a two-hour fire wall separating each group of four units.  However, the Board further finds that the firewall was never built.
	The Board further finds that each apartment of the four apartments, located on the first floor, has a door leading to the outside and a slider type door leading to a deck.  The Board further finds that each of the four units, located on the second floor, has a door leading to an outside staircase and a slider door leading to a deck.
	Further, the Board finds that the apartment units are equipped with hardwired smoke detectors and carbon monoxide detectors.  The Board finds that there are sprinkler heads located approximately two (2) feet above the boilers, and there are battery operated smoke detectors in the basement.  
	Finally, it is the understanding of the Board that the Applicant is seeking a time variance to correct the deficiencies outlined in the March 23, 2004 inspection report, and also requesting relief from the requirement of municipally connecting the required fire alarm system in this facility.
	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 grants the Applicant a time variance of sixty (60) days, from the mailing date of this Decision, to correct deficiency 1, by protecting the cited exterior stairway and providing this stairway with approved handrails, at the direction and to the satisfaction of the Providence Fire Marshal.  In granting this variance, the Board notes that the Applicant has submitted an April 19, 2004 estimate for the completion of the above project.
2.	It is the understanding of the Board that, once deficiency 1 is corrected, deficiency 2 will become moot.
3.	The Board hereby grants the Applicant a time variance of sixty (60) days, from the mailing date of this Decision, to correct deficiency 3, by repairing the cited opening in the northwest corner of the basement ceiling, at the direction and to the satisfaction of the Providence Fire Marshal.
4.	The Board hereby grants the Applicant a time variance of sixty (60) days, from the mailing date of the Decision to correct deficiency 4, by raising the cited sprinkler heads, over the boilers, at the direction and to the satisfaction of the Providence Fire Marshal.
5.	The Board hereby grants the Applicant a time variance of sixty (60) days, from the mailing date of this Decision, to correct deficiency 5, by completing the required construction of the boiler room walls, at the direction and to the satisfaction of the Providence Fire Marshal.
6.	The Board hereby grants a variance from the provisions of section 13.8.9.5.4.2.2 in order to allow the Applicant not to provide municipal connection to the required fire alarm system.  The Board further grants the Applicant a time variance of sixty (60) days, from the mailing date of this Decision, to install the required fire alarm system but without providing municipal connection.

STATUS OF DECISION AND APPEAL RIGHTS
	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)].