The above-captioned case was originally scheduled for hearing on January 25, 2011 and a final decision was mailed on April 6, 2011.  In that decision, the Board allowed the Applicant to utilize the existing municipally connected fire alarm system in conjunction with hard-wired CO detection on an emergency basis through the end of March 2011.  The Applicant has now returned to the Board requesting that he be allowed to extend the original decision.  Accordingly, the above captioned case was most recently scheduled for hearing on September 27, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Walker, Blackburn, Richard, Jasparro, Burlingame, Sylvester, Dias and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Lutz and Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in its decision in file number 100319 as its initial findings of fact in this case.  The Board further finds that the Applicant successfully completed his operation of this facility as an emergency shelter during the past winter.  The Board finds that the Applicant has returned to request that he be allowed to continue the emergency shelter occupancy under the original conditions of the decision for a period of approximately one hundred eighty (180) days between October 1, 2011 and April 1, 2012.  The Board finds that the Providence Fire Marshals Office was in support of this continuance, conditioned upon the Applicants upgrade of the fire alarm system in the event he wishes to continue this occupancy beyond April 1, 2012.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby reapproves the Applicants plan of action as outlined in file number 100319 in order to allow the Applicant to continue to maintain thirty-five (35) beds at the subject facility and to continue to utilize the existing municipally connected fire alarm system in conjunction with hard wired smoke and CO detection installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board notes that this emergency operation shall be allowed to continue for approximately one hundred eighty (180) days from October 1, 2011 through April 1, 2012.  Finally, if the Applicant wishes to continue this emergency shelter occupancy beyond the above period, the Applicant is directed to upgrade the fire alarm system at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the emergency shelter occupancy on or after October 1, 2012.  Finally, the Board directs the Providence Fire Marshals Office to report back to it if the Applicant wishes to continue occupancy on or after October 1, 2012.

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)].