The above-captioned case was scheduled for hearing on January 6, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jasparro, Walker and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is a sixteen-unit apartment occupancy.  The Board further finds that while some of the apartment units have separation walls, the walls are not continuous from the basement to the roof.  Specifically, the Board was advised and finds that the attic space over all sixteen (16) apartment units is wide open and accordingly does not provide approved separation of the apartment units.  As a result, the Board finds that the Providence Fire Marshal's office has determined that a municipally connected fire alarm system is required for this building.  The Board further notes that the municipally connected fire alarm system requires heat detection in the kitchen areas of this facility, along with sounding devices throughout all units.  In addition, the Board finds that the above described attic space would require heat detection.  The Board finds that as an alternative to the installation of hard wired heat detection in the kitchen area, the Applicant could utilize wireless heat detection provided that they were appropriately tied in to the fire alarm system as approved by the Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to design the municipal fire alarm system for this facility and an additional 120 days from the thirty-day deadline in which to complete installation, and have the subject fire alarm system tested and approved by the Providence Fire Marshal's office.  The Board notes that the Applicant may utilize wireless heat detectors as an alternative to hard-wired heat detection as part of the fire alarm system of this facility, provided the wireless heat detection is appropriately supervised by the fire alarm system and approved by the Providence Fire Marshal's 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)].