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.  A motion to recommend the subcommittees findings to the full Board was made by Vice Chairman Newbrook and seconded by Commissioner Blackburn.  The motion was unanimous.  
On January 22, 2008, the subcommittee recommendation, outlined below, was presented to the full Board.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro and Walker were present.  A motion to accept the subcommittee recommendation was made by Commissioner Jackson and seconded by Commissioner Blackburn.  The motion was unanimous.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT

During the January 15, 2008 subcommittee hearing on this matter, the Board was advised that the Kingston Fire Marshal's office considered this residential facility to be a rooming house.  The Board was further advised that the Applicant did not consider this to be a rooming house but rather an approved residential occupancy.  The Board was further presented with an August 14, 2007 inspection report that provided an extensive building description along with deficiencies should this facility be determined to be a rooming house.  Accordingly, the Board hereby incorporates the building description in the August 14, 2007 inspection report as its initial findings of fact as to the construction of this building.  The Board notes that the character of the occupancy would be determined by the number of unrelated people living within this facility.  Accordingly, it appeared to the Board that a time variance would be necessary in order to allow the Applicant to address the current occupancy of this facility and reduce it if necessary in order to conform with the residential occupancy portions of the code.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until June 1, 2008 in order to reduce the occupancy of this facility to a complying single family occupancy.  If the Applicant successfully reduces the occupancy by this time, then the Applicant shall not have to have this facility reviewed under the rooming house provisions of the code as outlined in the August 14, 2007 inspection report as long as this occupancy is maintained as a legitimate single family occupancy.  As a condition of this time variance, the Board directs the Applicant to provide any additional smoke and carbon monoxide detection in this facility deemed necessary by the Kingston Fire Marshal's office as of thirty (30) days of the subcommittee hearing on this matter. 

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.