This matter was previously before the Board and a decision was rendered in file number 070532.  The decision was mailed to the Applicant on August 5, 2010.  The Applicant and the Woonsocket Fire Marshals Office have now returned with an alternative plan of action for the installation of a municipally connected fire alarm system.  The above-captioned case was most recently scheduled for hearing on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Pearson, Preiss, Blackburn, Dias and Jasparro 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 Commissioner Blackburn and seconded by Commissioner Dias 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 the original decision in this matter, having a mailing date of August 5, 2010.  The Board notes that there are approximately ten (10) apartment units within this complex.  The Board finds that there are six (6) units in the front of this facility and two (2) smaller buildings, each containing two (2) units in the rear of the facility.  The Board finds that each of the two-unit buildings in the rear of this facility are connected to the six-unit portion of this facility through breaches in the common granite walls located in the basement of this facility.  The Board further finds that the two-unit buildings are otherwise separated from each other by approximately sixteen (16) feet.
	The Board finds that the Applicant has proposed in-filling the basement walls and possibly installing fire doors in order to separate this complex into three (3) portions thereby avoiding the necessity of installing a municipally connected fire alarm system.  Finally, the Board finds that there is a question as to whether the proposed separation between the three portions of this facility would be by structurally independent fire wall or simply an approved separation.  Accordingly, the Board has addressed both contingencies.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to infill the cited penetrations and provide these areas with approved fire doors, if so desired, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  The Board notes upon completion of this project, the newly separated divisions of this building would be required to maintain a local fire alarm system throughout.  However, the municipal connection could be omitted.
	In the event that the Applicants engineer determines that the fire wall separation between the three (3) buildings is structurally independent, the Woonsocket Fire Marshals Office would have the authority to modify and/or eliminate the fire alarm coverage in both of the separated two-unit portions of this facility.  Accordingly, the parties would not have to return to the Board for further review of this matter.
	2-16.  The Board hereby reaffirms its original decision in file number 070532, noting further that the Fire Marshal has been previously authorized to extend any time limits for good faith efforts being shown by the Applicant, such as in this case.

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)].