The above-captioned case was scheduled for hearing on September 20, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Filippi, OConnell and Richards were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Vartian of the North Providence Fire Marshals Office.  A motion was made by Commissioner Richards and seconded by Commissioner Filippi 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 June 16, 2004 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the September 20, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 16, 2004 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, 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 and his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing the cited ceiling with the appropriate rating, at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing the fire escape on the rear of the building with an even landing pad and by further removing the tripping hazards from the basement floor, at the direction and to the satisfaction of the North Providence Fire Marshals office, within ninety (90) days of the date of this decision.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the North Providence Fire Marshals office, within ninety (90) days of the date of this decision.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of section 31.3.3.2 in order to allow the Applicant to provide the cited hallway corridor walls with an approved Class A finish, installed at the direction and to the satisfaction of the North Providence Fire Marshals office in accordance with the manufacturers specifications.  In granting this variance, it is the understanding of the Board that the Applicant has already provided the cited areas with approved Class A carpet installed at the direction and to the satisfaction of the North Providence Fire Marshals office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7(a) by removing the cited step-up within the basement.  The Board hereby grants a variance from the provisions of section 31.2.2.3 and section 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited headroom height of the basement stairs of this facility.  This variance is based on structural hardship.
	8.  The inspection report reviewed by the Board did not include an item 8.
	9.  The Board hereby grants a variance from the provisions of section 31.2.2.7 in order to allow the Applicant to maintain the existing lighting fixtures and other cited devices in the unoccupied basement of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement shall remain unoccupied and shall be utilized only for storage and utilities.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly swinging the basement door of this facility.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the North Providence Fire Marshals office.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by modifying the stairwell at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.  Specifically, once the North Providence Fire Marshals office is satisfied that the Applicant has expended his best efforts in correcting this deficiency, the Board will be satisfied.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing an approved Class A finish on the existing hallway doors and further provide any of the above doors with approved self closures, installed at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing all required handrails on the stairs within this facility and by further repairing the cited loose handrails within this facility, at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.
	15.  During the September 20, 2005 hearing on this matter, the Board was advised that the furnace area is currently protected by a residential sprinkler head and that it is not located near anything combustible.  The Board was further advised that the boiler is a new boiler and has been provided with an approved remote shut off switch, at the direction and to the satisfaction of the North Providence Fire Marshals office.  In light of the above, the Board hereby grants a variance from the provisions of section 31.3.2 in order to allow the Applicant to maintain the existing protection of the furnace area.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by properly swinging the main egress door.
	17.  The Board hereby grants a variance from the provisions of section 31.2.5.3.1 in order to allow the Applicant to maintain the existing common path of travel for the main egress of the front apartments of this facility.  This variance is based on structural hardship in light of the Applicants providing the additional extinguishers for this area, at the direction and to the satisfaction of the North Providence Fire Marshals office and by further providing approved heat detection and emergency lighting throughout this facility at the direction and to the satisfaction of the North Providence Fire Marshals office within ninety (90) days of the date of this decision.

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)].