The above-captioned case was scheduled for hearing on April 3, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Blackburn, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket 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 an April 12, 2005 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the April 13, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 12, 2005 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
1-4.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to hire a professional to design and submit plans for the installation of the supervised fire alarm system, an approved lock box, approved carbon monoxide protection, approved emergency lighting and approved exit signage.  The Board further grants the Woonsocket Fire Marshals Office a period of thirty (30) days from the submission of those plans to approve those plans.  Upon approval of those plans the Board hereby grants the Applicant an additional 120 days from the date of plan review approval to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Woonsocket Fire Alarm Superintendents office.
5.	It is the understanding of the Board that deficiency 5 is not deficient.
6-7.	It is the understanding of the Board that the Applicant has corrected deficiencies 6 and7 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
8-9.	It is the understanding of the Board that deficiencies 8 and 9 are not deficient.
10-11.	It is the understanding of the Board that the Applicant has corrected deficiencies 10 and 11 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
12.	It is the understanding of the Board that the Applicant has discontinued use of the furnaces within this facility within facility rendering deficiency 12 moot.
13.	It is the understanding of the Board that deficiency 13 is not deficient.
14.	It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved fire extinguishers.
15.	The Board hereby directs the Applicant to provide the egress system of this with domestically supplied properly applied sprinkler heads installed at the direction and to satisfaction of the Woonsocket Fire Marshals Office both within the egress system and inside of each apartment door leading to the egress system.  The above sprinklers shall be installed within the time frame granted for the installation of items 1-4 above.
16.	The Board notes that the first floor of this facility is not currently occupied therefore, the Board directs the Applicant to correct all of the additional deficiencies listed on the April 12, 2007 inspection report, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office prior to the occupancy of the first floor.


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)].