The above captioned case was scheduled for hearing on July 17, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Evans, Wahlberg, OConnell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
During the July l7, 2001 hearing on this matter, the Board was advised that this facility previously received variances on September 2l, l98l.  However, the original Decision waived the sprinkler coverage because the owner vacated certain apartment units in this facility at that time.  It is now the understanding of the Board that the originally vacated apartments have been reoccupied.  It is the further understanding of the Board that the Applicant is representing a new group of owners who were unaware of the original Decision in this matter until they were advised by the Providence Fire Marshals Office.   

The Applicants representative appeared before the Board requesting additional time in which to allow the Providence Fire Marshal to re-inspect the facility and develop a plan of action with the Applicant.  It was determined by the Board that due to the ownership of the individual condo units additional time would be necessary for the Providence Fire Marshal to inspect this facility and then for the Applicant and the Providence Fire Marshal to develop a plan of action covering this facility.

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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby stays its original Decision issued in l98l until this facility is fully re-inspected by the Providence Fire Marshal and when the Applicant and the Providence Fire Marshal have had an opportunity to develop a plan of action covering the fire safety of this facility. 

Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in order to allow for re-inspection by the Providence Fire Marshal and allow for the development of an approved plan of action covering this facility.

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.
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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]