The above-captioned case was scheduled for hearing on May 24, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Preiss, Walker, Jasparro, Dias and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 24, 2011 hearing on this matter, the Board was advised and finds that this Building was originally constructed for use as a single family dwelling. The Board was further advised and finds that, over the years, a separate structure was added and that there is now a question as to whether it is part of the main building. The Board was further advised and finds that the units 1, 2 and 3 have their own separate means of egress directly to the outside. The Board was further advised and finds that units 4 and 5 have shared means of egress. The local fire marshal further advised the Board that he had the local building official review this facility and that the building official believed it to be separated. The Board was further advised and finds that there is no physical connection between the attics and that the structures are otherwise separated by approved drywall. 

CONCLUSIONS AND VARIANCE REQUESTS

1.	In light of the above, with special emphasis on the reported determination of the building official, the Board hereby determines that the subject facility may be considered two (2) separate structures with one consisting of three (3) residential units and the other consisting of two (2) residential units. Accordingly, the cited local fire alarm system, key access box, portable fire extinguishers and self closing and latching doors shall not be required. However, the Applicant is hereby directed to bring these buildings into compliance with the current fire code requirements for two (2) and three (3) family houses, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office, within a time table the North Smithfield Fire Marshal. 

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)].