The above-captioned case was scheduled for hearing on July 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jackson, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard 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 January 29, 2007 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 July 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 29, 2007 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 
	1-15.  The Board notes that this case was previously scheduled for hearing and at that time, the Applicant was advised to return to the Board with a plan of action for the correction of the deficiencies within this facility.  Pursuant to the above direction, on July 13, 2010 the Applicant returned with his interpreter to present his plan of action.  Specifically, the plan of action was to try to sell the facility or to convert it to three-family units within a particular time frame.  During the course of the July 13, 2010 hearing, it was determined that the Applicant would have five (5) months in which to implement the above plan of action.  Accordingly, the Board hereby grants the Applicant a time variance of five (5) months from the date of this decision in which to either sell the subject facility with notice to the new buyer of the fire code deficiencies, or to reconvert this facility to a three-family occupancy with proper certification to the building official and the proper installation of carbon monoxide and smoke detection, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board notes that the Woonsocket Fire Marshal's office has no objection to the above plan of action.  Finally, the Board hereby authorizes the Woonsocket Fire Marshal's office to extend the above timelines in the event there is a sale pending and the Applicant has been complying with the terms of this decision in good faith.

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)].