The above-captioned case was scheduled for hearing on March 20, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Burlingame, Sylvester, Jackson, Walker, Pearson and Dias were present.  This case was originally postponed as the Board was awaiting the arrival of the Pawtucket Fire Marshals Office.  However, it was subsequently heard in the absence of the Pawtucket Fire Marshals Office due to the request of the Applicant to convert this facility into a three-family residence.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Dias and Burlingame.

FINDINGS OF FACT
	The Board finds that the subject facility was originally inspected as a four-unit apartment by the Pawtucket Fire Marshals Office.  The Board finds that the Applicant now wishes to convert this facility to a three-family occupancy with a separate unit.  The Board finds that the Applicant wishes to separate these facilities with two-hour separation at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  In light of the above, the Board determined that a time variance would be appropriate to allow the Applicant and the Pawtucket Fire Marshals Office to review the Applicants plans and issue a new report based upon this development.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in which to work with the Pawtucket Fire Marshals Office on the Applicants plan to provide two-hour separation between the first three units of this facility and the fourth unit.  During this time, the Pawtucket Fire Marshal shall provide the Applicant with either an approval of the plan of action or a report outlining any issues that the Pawtucket Fire Marshals Office has with the proposed conversion of this facility.

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)].