The above-captioned case was scheduled for hearing on February 28, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Sylvester, Jackson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioners Richard and Sylvester to close this file.  The motion was unanimous.

FINDINGS OF FACT
	During the February 28, 2012 hearing on this matter, the Board had before it a November 6, 2008 inspection report compiled by the North Providence Fire Marshals Office.  The inspection report noted that this is a two-story, four-unit facility.  While the Applicant did not attend this hearing, the Applicants engineer had provided the North Providence Fire Marshals Office with an initial letter indicating that the units of the subject facility were suitably separated and therefore should qualify as individual residential units as opposed to being reviewed under the apartment provisions of the code.  In light of the above, the North Providence Fire Marshals Office advised the Board that his Office would have no objection to closing this file. 

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above findings of fact, the Board hereby closes file number 090090.  The Board notes that the North Providence Fire Marshals Office has no objection to the closing of this file.

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)].