The above-captioned case was scheduled for hearing on May 15, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioner Richard, Blackburn, Preiss, Jackson and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals John Wheeler of North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Blackburn and Jackson to grant Applicant relief as outlined herein.  The motion was unanimous. 

FINDINGS OF FACT
  	The numbers of the Decision below correspond with those of a May 12, 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 May 15, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 12, 2004 inspection report as its initial finding of fact.  Any modification of the Boards findings, such as correction of 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
1-2.	It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the North Providence Fire Marshals office.
3.	The Board hereby grants the Applicant a variance from the provisions of sections 31.2.2.3.1 and 7.2.2.2.1 (b) in order to allow the Applicant to maintain the existing cited stair height.
4.	The Board hereby grants a variance from the provisions of section 31.2.2.2.1and 7.2.1.4.4 in order to allow the Applicant to allow the existing swing of the laundry room doors with approved hardware.
5-6.	It is the understanding by the Board that Deficiency 5 and 6 has been corrected by the Applicant at the direction and to the satisfaction of the North Providence Fire Marshals Office.
7.	The Board hereby grants the Applicant a variance from the provisions of sections 31.2.2.21 and 7.2.1.3.1 in order  to allow the Applicant to maintain the one and three quarter inch step height in the laundry room door way of Portico one.  This variance is based on structural hardship.
8-9.	It is the understanding by the Board that Deficiency 8 and 9 has been corrected by the Applicant at the direction and to satisfaction of the North Providence Fire Marshals Office.
10.	The Board hereby granted a variance from the provisions of section 31.2.2.2.1 and 7.2.1.3.1 in order to allow the Applicant to maintain the existing egress threshold type on the basis of structural hardship.
11-14.	It is the understanding by the Board that Deficiency 11, 12, 13 and 14 has been corrected by the Applicant at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board specifically notes that in item 13 the Applicant has removed the decks upon which the portable gas grills and other combustibles were stored in this complex.
15.	The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to provide approved fire protection in the false roof areas of all these buildings 
at the direction and to the satisfaction of the North Providence Fire Marshals Office.  In addition, the Board directs the Applicant to correct the remainder of deficiency 15 by providing 
the cited areas with approved fire detection installed at the direction and to the satisfaction of the North Providence Fire Marshals Office within the above deadline.
16.	It is the understanding of the Board that the Applicant has corrected deficiency 16 to the satisfaction of the North Providence Fire Marshals office.
17.	The Board hereby grants a variance from the provisions of section 31.2.2.3.4 and 7.2.2.4 and their referenced standards in order to allow the Applicant to maintain the existing cited winding stairs within this complex.  This variance is granted on the condition that the Applicant change all door hardware deemed necessary by the North Providence Fire Marshals Office at the direction and to the satisfaction of the North Providence Fire Marshals Office within 120 days from the date of this Decision.
18-20.	It is the understanding of the Board that the Applicant has corrected deficiencies 18, 19 and 20 at the direction and to the satisfaction of the North Providence Fire Marshals office.
21.	The Board hereby grants the Applicant a time variance of 120 days from the date of this 
Decision in order to correct deficiency 21 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
22.	It is the understanding of the Board that the Applicant has corrected deficiencies 22 at the direction and to the satisfaction of the North Providence Fire Marshals office.
23.	The Board hereby grants a variance from the provisions of section 31.2.2.3.1 and 7.2.2.2.1(b) and their referenced standards in order to correct the deficiencies outlined in item 23 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
24. 	It is the understanding of the Board that the Applicant has corrected deficiencies at the direction and to the satisfaction of the North Providence Fire Marshals office.
25.	It is the understanding of the Board that the Applicant has corrected deficiencies 25 at the direction and to the satisfaction of the North Providence Fire Marshals office.
26.	The Board hereby directs the North Providence Fire Marshals Office and the Applicant to review Board interpretation 04-24 to determine whether or not sprinkler coverage is necessary within this facility.  The Board hereby grants a variance to limit it to four (4) rear stairways that are servicing the upper level of this complex.  The Board  further grants the Applicant a time variance of one (1) year from the date  of this Decision in order to provide approved sprinkler coverage protecting the four (4) rear stairwells of this facility at the direction and to the satisfaction of the North Providence Fire Marshals Office.
27.	The Board hereby grants a variance from the provisions of sections 31.2.4.1 in order to allow the Applicant to maintain the emergency egress from the apartment 5E and Portico 5.  This variance is based on structural hardship.
28.	The Board hereby grants a variance from the provisions of section 31.2.2.2.1 and 7.2.1.3.5 in order to allow the Applicant to maintain the cited threshold step height of nine (9) inches to the floor level based upon structural hardship.
29-32.	It is the understanding of the Board that the Applicant has corrected deficiencies 29, 30, 31 and 3 2 at the direction and to the satisfaction of the North Providence Fire Marshals office.
33.	The Board notes that all of the time variances outline above may be extended by the North Providence Fire Marshals Office for good faith efforts being made by the Applicant to the satisfaction of the North Providence Fire Marshals 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)].