The above-captioned case was scheduled for hearing on January 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Jasparro, Preiss, Jackson, Walker and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro 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 an updated inspection report dated October 2, 2007 and compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 29, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the October 2, 2007 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. 
	The Board further finds that the Applicant has sought relief from item 4 of the above report by properly separating the 989 square foot business occupancy on the first floor from the remainder of the facility.  Finally, it is the understanding of the Board that the Applicant shall correct all remaining deficiencies within this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with sufficient emergency lighting, at the direction and to the satisfaction of the Providence Fire Marshal's office, within a timetable established by that office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the Providence Fire Marshal's office, within a timetable established by that office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved portable fire extinguisher(s) installed at the direction and to the satisfaction of the Providence Fire Marshal's office within a timetable established by that office.
	4.  The Board hereby grants the Applicant a time variance in order to allow the Applicant to provide this facility with approved suitable separation, at the direction and to the satisfaction of the Providence Fire Marshal's office, to separate the business use of this facility from the remaining residential use, before occupancy of the business use.  Accordingly, if the Applicant provides approved separation of the business unit of this facility, the Applicant will not be required to provide fire alarm coverage of the business unit.

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)].