The above-captioned case was scheduled for hearing on May 8, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Sylvester and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 18, 2009 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the May 8, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the February 18, 2009 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. 

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.  During the May 8, 2012 hearing on this matter, the Board was advised that the Applicant planned to convert this facility to a three-family house.  Accordingly, the Board has developed a plan of action for the Applicant which would establish timetables for either compliance or the conversion of this facility to a three-family house.  Accordingly, if the Applicant maintains the apartment status of this facility, the Applicant shall have a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the Woonsocket Fire Marshals Office for the installation of a local fire alarm system.  The Applicant shall further have a time variance of 120 days in order to implement the above plan of action, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Woonsocket Fire Marshals Office shall have the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	The Board notes that if in the event the Applicant wishes to convert this facility to a three-family occupancy, the Applicant shall do so within the above time frame, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Specifically, the Applicant shall have 150 days from the date of this decision in which to convert the facility to a three-family occupancy.
	2.  Regardless of whether or not the Applicant maintains the apartment status or converts this facility to a three-family occupancy, the facility shall be required to be equipped with approved hard-wired or radio wireless smoke and carbon monoxide detectors installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Accordingly, the Board hereby grants the Applicant the above time variance in order to provide this facility with approved smoke and carbon monoxide detection, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	3.  In the event the Applicant maintains the apartment occupancy, the Board hereby grants the time variance outlined in item 1 above in order to correct deficiency 3 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  In the event the Applicant reduces the occupancy, item 3 shall be deemed moot.
	4.  In the event the Applicant maintains the apartment occupancy of this facility, the Applicant is directed to correct deficiency 4 within the timelines outlined in item 1 above.  The Board notes that if the Applicant converts this facility to a three-family occupancy, item 4 shall be moot.
	5-6.  It is the understanding of the Board that items 5 and 6 were determined to be not deficient by the Woonsocket Fire Marshals Office.
	7.  In the event the Applicant maintains the apartment occupancy of this facility, the Applicant is directed to correct deficiency 7 within the timeframe established in item 1 above.
	8-9.  The Board notes that items 8 and 9 were determined to be not deficient by the Woonsocket Fire Marshals Office.
	10.  In the event the Applicant maintains the apartment occupancy of this facility, the Applicant shall correct deficiency 10 within the time frame outlined in item 1 above.
	11-13.  It is the understanding of the Board that the Woonsocket Fire Marshals Office has determined that items 11, 12 and 13 are not deficient.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved portable fire extinguishers.
	15.  It is the understanding of the Board that item 15 is not applicable.
	16.  (additional requirement 1).  In the event the Applicant maintains the apartment occupancy, the Board hereby directs the Applicant to provide this facility with an approved key access box within the time frames outlined in item 1 above.
	17.  (additional requirement 2).  It is the understanding of the Board that the Applicant has corrected deficiency 17 at the direction and to the satisfaction of the Woonsocket 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)].