The above-captioned case was scheduled for hearing on January 11, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is a three story wood frame building.  The Board finds that on December 21, 2010, the Providence Fire Marshals Office was of the opinion that the facility had three (3) apartment units on one side along with three (3) apartment units on the other side with suitable separation.  During the January 11, 2011 hearing on this matter, it was clarified that the occupied side of this facility had four (4) units and it was the understanding of the Board that the Applicant is currently installing a fire alarm system but needs additional time in order to provide the unoccupied three-unit portion of this facility with local smoke and CO detection at the direction and to the satisfaction of the Providence Fire Marshals Office.  It is the understanding of the Board that the three-unit side currently has some battery and hard wired protection but that it does not fully comply with the code.  Finally, it is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant or will be corrected by the Applicant at the direction and to the satisfaction of the Providence Fire Marshals Office.

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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a time variance of thirty (30) days from the date of this decision in which to submit plans for the installation of local smoke and CO detection in the unoccupied three-unit portion of this facility.  The Board further grants the Applicant an additional 150 days to implement the above plans by providing the unoccupied three-unit portion of this facility with approved smoke and CO detection, at the direction and to the satisfaction of the 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)].