The above-captioned case was scheduled for hearing on January 15, 2008 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Reed of the Kingston Fire Marshals Office.  During the review of this case, it was determined by the Board that there was a disagreement between the Applicant and the Kingston Fire Marshal's office as to whether this facility was a four-unit apartment house or a three-family dwelling.  Accordingly, the Board determined that the case should be put over for thirty (30) days in order to allow the Applicant and the Kingston Fire Marshal's office to establish that this is a three-family apartment building.  If the Applicant establishes this to the satisfaction of the Kingston Fire Marshal's office, then the only requirement for this facility would be the installation of hardwired interconnected smoke and carbon monoxide detection on or before July 1, 2008.  However, in the event that the Applicant does not convince the Kingston Fire Marshal's office that this facility will be maintained as a three-family residence, the Kingston Fire Marshal's office should notify the Board and, if the Applicant wishes to address the deficiencies outlined in the August 14, 2007 inspection report, this hearing will be rescheduled.  
The above determination of the Board was reviewed by the full Board on January 22, 2008.  At that time, a motion was made by Commissioner Jackson and seconded by Commissioner Blackburn to approve the subcommittee recommendations.  The motion was unanimous.  
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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 1 Regan Court, Cranston, RI 02920.