The above-captioned case was originally scheduled for hearing on March 29, 2005.  The matter was thereupon reassigned to September 20, 2005.  During the September 20, 2005 hearing on this matter, it was determined that a subcommittee of the Board should conduct an on-site review of the facility.  Accordingly, a subcommittee on-site review of this facility was conducted on September 27, 2005 at 10:00 A.M.  The full Board reviewed the case and the subcommittee findings during a hearing, later that day, at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richards, Blackburn, OConnell, Newbrook, Preiss, Filippi, Evans, Burlingame and Pearson 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 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 July 27, 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 27, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 27, 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to upgrade the fire alarm system, at the direction and to the satisfaction of the North Providence Fire Marshals office in accordance with the provisions of section 13.8.9.7.3.2 and its referenced standards.  
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with upgraded and/or replacement emergency lighting installed at the direction and to the satisfaction of  the North Providence Fire Marshals office in accordance with the provisions of section 7.9.1.1 and its referenced standards.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with upgraded and/or replacement exit signage installed at the direction and to the satisfaction of the North Providence Fire Marshals office in accordance with the provisions of section 7.10.1.2 and its referenced standards.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to upgrade the fire extinguisher coverage throughout this facility, at the direction and to the satisfaction of the North Providence Fire Marshals office in accordance with the provisions of section 13.6.1.1.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with the missing fire stopping material, at the direction and to the satisfaction of the North Providence Fire Marshals office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by removing the cited overgrown vegetation impeding the pool means of egress.
	7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to protect those portions of the egress system that are currently exposed to unprotected glass.  Specifically, the Applicants plan of action may involve the replacement of the glass with non-combustible materials and/or rated glass panels.  The plan may further provide for the limited sprinkler coverage on the skylights and other glass in those areas where the Applicant wishes to maintain the existing glass.  The above plan shall be presented to and reviewed by the North Providence Fire Marshals office within the above 120 day period.  If the North Providence Fire Marshals office is thereupon satisfied that the Applicants plan will properly protect the egress system, the North Providence Fire Marshals office may grant the Applicant additional time to execute this plan at its direction and to its satisfaction.
	8.  The Board directs the Applicant to correct deficiency 8 by sealing off the cited penetrations of piping and electrical cable within the cited utility closet, at the direction and to the satisfaction of the North Providence Fire Marshals office.
	9.  During the September 27, 2005 hearing on this matter, the fire service expressed concern over the certification of the ceiling materials throughout this complex.  Accordingly, the Board hereby directs the Applicant to provide the North Providence Fire Marshals office with certification of the ceiling materials as being approved rated materials through either the manufacturers certification or by independent test.  The Board hereby grants the Applicant a time period of 120 days in order to have the material so certified.
 
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)].