The above-captioned case was scheduled for hearing on May 17, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners OConnell, Filippi, Pearson, Burlingame, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael DeMello of the North Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to accept the Applicants plan of action as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts the original findings of the North Providence Fire Marshals Office, as outlined in the June 18, 2004 inspection report, as its initial findings of fact in this case.  Many of these findings were verified during an on-site visit of this facility by Board members.  The on-site subcommittee also noted that many of the items had been corrected to the satisfaction of the North Providence Fire Marshals Office, and that the Applicant was gradually vacating large portions of this facility in order to address the life safety issues outlined in the June 18, 2004 report.
	The Board further finds that the Applicant has developed a plan of action for the correction of the deficiencies in this facility with the North Providence Fire Marshals Office.  The Board finds that the above plan of action is outlined in an April 18, 2005 letter to the Board from the Applicant.
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby approves and accepts the Applicants plan of action as outlined on the April 18, 2005 letter from the Applicant.  In addition, the Board notes that the residential occupancy of this facility has been terminated by the Applicant and that there shall be no further residential occupancy of this facility allowed unless or until that occupancy has been approved through the plan review process by the North Providence Fire Marshals Office in the future.  Specifically, the Board approves the following plan of action for fire safety in this facility.  (1).  Within ninety (90) days of the date of this decision, any door and door hardware issue shall be brought into compliance at the direction and to the satisfaction of the North Providence Fire Marshals Office.  (2).  Within 120 days of the date of this decision, the Applicant shall install a minimum coverage municipally connected fire alarm system, at the direction and to the satisfaction of the North Providence Fire Marshals Office.  Specifically, the system shall provide full coverage in those areas that are still occupied, and may provide more limited coverage in those unoccupied areas of this complex.  The Board notes that this is a temporary measure, and that full fire alarm coverage shall be provided within this facility prior to the re-occupancy of the vacant areas.  (3).  The Board hereby directs the Applicant to provide all approved fire extinguishers deemed necessary by the North Providence Fire Marshals Office within thirty (30) days of the date of this decision.  (4).  The Board hereby directs the Applicant to provide all necessary emergency lighting and exit signage throughout the occupied areas of this facility at the direction and to the satisfaction of the North Providence Fire Marshal within the above 120 day period for the installation of the fire alarm system.  The Board notes that all remaining emergency lighting and exit signage shall be brought into compliance prior to the re-occupancy of the vacant areas of this facility.  (5).  The Board hereby directs the Applicant to remedy any outstanding egress deficiency, within this complex, at the direction and to the satisfaction of the North Providence Fire Marshals Office, within 120 days of the date of this decision.  The Board further notes that all remaining egress deficiencies, from the vacated areas, shall be brought into compliance prior to re-occupancy of those areas.  (6).  The Board hereby directs the Applicant to bring all existing commercial cooking applications into compliance with the code, or to terminate the same, within 120 days of the date of this decision.  The above compliance shall be at the direction and to the satisfaction of the North Providence Fire Marshals Office.  (7).  As a condition of the time variances above, the Board directs the Applicant to comply with any additional requirements if the occupancy has any change of use or ownership or is subject to any redevelopment or renovation.  (8). The last item of the 
Applicants plan of action states Any other modification or requirement that this Board or the local authority deems necessary within a reasonable period thereto.  Accordingly, the Board hereby directs the Applicant to work with the North Providence Fire Marshals Office to address any remaining life safety deficiency, at the direction and to the satisfaction of the North Providence Fire Marshals Office within a timetable established by that office.  Specifically, the Board views this catch-all provision of the Applicants plan of action as an opportunity for both parties to take any reasonable measures deemed necessary for the safety of the occupants of this facility.  If the Applicant and the North Providence Fire Marshals Office are in disagreement as to any additional requirements cited hereunder, the Applicant shall be allowed to return to the Board for review of the same.

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)].