The above-captioned case was scheduled for hearing on August 9, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Burlingame, Sylvester, Jackson, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Adam Lee of the Pascoag Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 24, 2011 inspection report compiled by the Pascoag Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pascoag Fire Marshals Office during the August 9, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the June 24, 2011 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. 
	During the August 9, 2011 hearing, the Board was advised and finds that all of the deficiencies in this facility have been corrected and that the only remaining deficiency involved is the question of whether the facility requires a fire alarm system.  The Board was further advised and finds that the Pascoag Fire Marshals Office has determined that there is suitable separation between certain portions of this facility that would render the occupancies below twenty-five hundred (2500) square feet.  The Board notes that the separation may not be in full technical compliance with the code.  However, the Board hereby defers to the Pascoag Fire Marshals Offices determination that the separation is in fact, suitable.

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.  In light of the determination that this facility maintains suitable separation between areas that are less than 2500 square feet, the Board hereby grants a variance from the provisions of section 37.3.4.1.1 and its referenced standards in order to allow the Applicant not to provide this facility with an approved fire alarm system.  In granting this relief, the Board notes that the Applicant may still be required to provide the residential units of this facility with approved carbon monoxide and smoke detection, installed at the direction and to the satisfaction of the Pascoag Fire Marshals Office.  
	2-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the Pascoag 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)].