The above-captioned case was originally received by the Board on March 1, 2011 with a request that the Applicant be allowed to waive the 100.00 filing fee in light of his recent bankruptcy filing and the termination of his unemployment benefits.  By letter dated May 31, 2011, the Applicant was advised that the Board had approved his waiver of the filing fee, contingent upon him supplying the Board with documentation as to the above facts.  The Board notes that it had never waived a filing fee in similar cases.

Accordingly, the above captioned case was thereupon scheduled for hearing on August 2, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Jackson, Jasparro and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion to grant the Applicant a significant time variance in order to correct the deficiencies within this facility was made by Commissioner Walker and seconded by Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is three (3) stories in height and can be classified as a type 5 construction.  The Board finds that according to the towns tax records, the facility was built in the early 1900s for an unknown use.  The Board finds that currently the facility is being utilized as a three-family apartment building and that the building has one (1) shared primary means of egress.  The Board further finds that the third floor has a fire escape through the kitchen window.  The Board further finds that the second floor apartment has only one (1) means of egress.  The Board finds that although the fire Marshal did not have access to the first floor apartment, it appears that this apartment did have two (2) means of egress.  The Board finds that the heat for this building is provided by oil fired furnaces for the first and second floor apartments and that the third floor apartment uses a stove furnace fueled by natural gas.  The Board finds that battery-operated smoke alarms were provided in the second floor apartment with some working and some not working.  The Board finds that the third floor apartment, at the point of inspection, had a smoke alarm located in the living room that did not activate by utilizing the test button.  The Board further finds that during the inspection, there were no fire extinguishers located in the building and that the main hallway had combustibles, including recycling bins, childrens toys and other household items.  The Board further finds that at the time of the inspection the basement was being utilized for tenant storage and that there were no smoke alarms in the basement.
	The Board finds that Rhode Island Uniform Fire Code section 25.2.2 declares that on or after July 1, 2008, all three-family apartments buildings, shall, at the responsibility of the owner, be provided with smoke and carbon monoxide detectors, installed in accordance with NFPA 72, and NFPA 720, 2003 edition, at the direction and to the satisfaction of the AHJ.  The Board further finds that, pursuant to Blanket Variance 08-04, it extended the original July 1, 2008 deadline for the installation of smoke and carbon monoxide detection to July 1, 2009.  The Board finds that as a condition of this extension, the Board directed the owners of the subject three-family dwellings to temporarily install battery-powered smoke detection outside of the sleeping areas of each unit, in accordance with the manufacturers specification on or before July 1, 2008.  The Board further directed that all of the required smoke and CO detection would be installed on or before July 1, 2009.
	In light of the above, the Board notes that the Applicant should have provided this facility with fully functioning battery-powered smoke detection prior to July 1, 2008.  The Board further finds that the Applicant should have provided the appropriate hardwired carbon monoxide and smoke detection on or before July 1, 2009, over two (2) years ago.  It is the understanding of the Board that the Applicant has been collecting rents from the tenants of this facility and is continuing to do so.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the August 2, 2011 hearing, the Board granted the Applicant seven (7) days to provide this facility with approved battery-powered smoke detection, originally required to be installed on or before July 1, 2008, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.  Specifically, the Board directs the North Smithfield Fire Marshal to check the battery units within this facility to ensure that all of the units are in full compliance.  The Board further grants the Applicant thirty (30) days from the date of this decision in which to submit a plan of action to the North Smithfield Fire Marshals Office for the upgrade of the above battery-operated system to an approved hard-wired system of smoke and carbon monoxide detectors, which should have been installed in the facility on or before July 1, 2009.  The Board further grants the Applicant an additional 150 days in which to install the required hard wired smoke and CO detection within this facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.  Finally, the Board hereby grants the North Smithfield Fire Marshals Office the authority to extend the above deadline for good faith efforts being shown by the Applicant.  However, the Board notes that this extension is completely discretionary on the part of the North Smithfield Fire Marshals Office.
	2.  The Board hereby reaffirms the original waiver of the application filing fee in this case.

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)].