The above-captioned case was scheduled for hearing on February 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro and Dias were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler and Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  Shortly after this hearing commenced, the Applicant advised the Board that this facility was originally inspected as a group home and that it is no longer utilized as a group home.  Specifically, the Board was advised that the facility is now utilized as a two-family house with two (2) veterans in residence.  The Board was further advised that the facility is not licensed and that the Applicant would send certification of these facts in a letter to the State Fire Marshals Office.  In light of the above, a motion was made by Vice Chairperson Filippi and seconded by Commissioner Dias to close this file.  The motion was unanimous.  Accordingly, this file shall be closed and the Applicant is directed to provide the State Fire Marshals Office with written verification of the above facts.

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)].