The above-captioned case was previously before the Board on November 30, 2004 and an initial decision in this matter was mailed on February 18, 2005.  During the initial hearing, the Board was advised that the Applicant chose to have this building reviewed under option four (4) of the existing apartment house section of the code, which grants relief with full sprinkler coverage.  During the hearing, the Board further advised the Applicant that it would maintain this file open if the Applicant wished to explore the utilization of the fifteen (15) point plan or other options for this occupancy.  The Applicant subsequently advised that Board that she wished to have additional time to comply and also to explore the possibility of having this building reviewed under the fifteen (15) point plan for apartment occupancies.  

Accordingly, the matter was re-scheduled for hearing on June 7, 2005 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook and Filippi were present.  The subcommittee’s recommendations, as outlined herein, were approved by the full Board on June 14, 2005.  During the June 7, 2005 subcommittee hearing, the fire service was represented by Assistant Deputy State Fire Marshals Larocque, Peiczarck and Pastore of the West Warwick Fire Marshal’s Office.  

FINDINGS OF FACT
	
The Board hereby adopts is original findings of fact in file #040144 as its initial findings of fact in this case.  The Board further finds that the Applicant has returned to explore the possibilities of utilizing the fifteen (15) point plan for this building and to secure additional time for compliance.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
The Board hereby grants the Applicant a sixty (60) day time extension in order to allow this building to be re-inspected under the fifteen (15) point plan for apartment occupancies by the West Warwick Fire Marshal’s office.  The Applicant shall then be granted the option of either complying with the fifteen (15) point plan or the original decision in this matter.  In the event of practical difficulties, issues or questions raised by either the Applicant or the West Warwick Fire Marshal’s office, this file shall remain open.

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 Applicant’s 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 Board’s 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 Board’s 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)].