The above-captioned case was scheduled for hearing by a subcommittee of the Board on May 10, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioner Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  The subcommittee recommendation was reviewed by the full Board on May 16, 2006 and approved pursuant to a motion made by Vice Chairman Coutu and a second by Commissioner Pearson.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 16, 2004 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by a subcommittee of the Board, the Applicant and the East Providence Fire Marshals Office during the May 10, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 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 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 in order to correct deficiency 1 by providing this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the East Providence Fire Marshal's office.  In the event the Applicant needs a time extension, the East Providence Fire Marshal's office may grant one if it is determined that the Applicant has acted in good faith.
	2.  The Board directs the Applicant to correct deficiency 2 by providing this facility with an approved fire department key access box, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 days of the date of this decision.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the apartments in this facility with approved hard-wired smoke detection and also carbon monoxide detection if necessary, in accordance with the conditions outlined in file 040327.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly maintaining emergency lighting within this facility, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 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 on the exterior at all exit egress doors, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 days of the date of this decision.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by properly maintaining all of the exit signage within this facility, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 days of the date of this decision.
	7.  It is the understanding of the Board that deficiency 7 is moot and not a violation of the code.
	8-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	18.  It is the understanding of the Board that the areas are properly sprinklered, therefore it is the understanding of the Board that deficiency 18 is not a violation.
	19.  The Board hereby grants a variance from the provisions of section 31.2.2.3 in order to allow the Applicant to maintain the existing cited stairway dimensions, at the direction and to the satisfaction of the East Providence Fire Marshal's office.  This variance is granted on the basis of structural hardship.
	20.  The Board hereby grants a variance from the provisions of section 31.3 in order to allow the Applicant to maintain the existing vertical vents within the bathrooms of this facility.  This variance is also based on structural hardship, pursuant to existing conditions.
	21.  It is the understanding of the Board that the Applicant has corrected deficiency 21 to the satisfaction of the East Providence Fire Marshal's office.

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)].