The above captioned case was scheduled for hearing on July 16, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Evans, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard 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 October 31, 2001 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the July 16, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the October 31, 2001 inspection report as its initial finding 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby directs the Applicant to correct that section of deficiency 1 involving the multiple penetrations of the boiler room ceiling, at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.  The Board notes that the louver in the boiler room door has been previously granted a variance.  The Board hereby grants a variance from the provisions of Sections 23-28.9-2 in order to allow the Applicant to maintain the boiler room door within an existing wood frame.  This variance is granted pursuant to the Applicants agreement to provide domestic sprinkler heads over the boiler.  Finally, the Board directs the Applicant to provide the boiler with an approved remote shutoff switch installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	2.	The Board notes that the Applicant was previously allowed to install fire extinguishers in each of the apartment units of this facility.  The Board hereby grants a variance from the provisions of the original Decision in order to allow the Applicant to remove the extinguishers from the apartments and to install them in accordance with NFPA Standard 10, 1988 edition.  Installation in accordance with the above standards shall be at the direction and to the satisfaction of the East Providence Fire Marshal.
	3.	The Board hereby directs the Applicant to correct deficiency 3 by providing the cited hallway doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	4.	As a condition of the variances granted herein, the Board directs the Applicant to upgrade the fire alarm system of this facility, at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 23-28.17-14 and the newly established fire alarm code covering this facility.  The above upgrade shall be within one hundred and twenty (120) days from the date of this Decision.
	5.	In the event the Applicant wishes to maintain this cited storage closet in the front stairwell, the Applicant is hereby directed to provide the storage closet with an approved solid core wood door equipped with a spring-loaded hinge.  The Applicant is further directed to provide a heat detector within this closet space.  The above correction shall be made within one hundred and twenty (120) days from the date of this Decision.
	6.	It is the understanding of the Board that a variance was previously granted covering deficiency 6.
	7.	The board hereby directs the Applicant to correct deficiency 7 by providing approved 5/8 sheet rock cover to the scuttle opening on the third floor hallway.  The above sheet rock shall be installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	8.	The Board hereby grants a variance in order to allow the Applicant to maintain the rear door of this facility at less than thirty-six (36) inches.  Specifically, the Applicant shall be allowed to install a thirty-two (32) inch door at this location.	
	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.  
	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.  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.  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.  
	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)].