The above-captioned case was scheduled for hearing on December 4, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Filippi, Walker, Preiss, Blackburn, Richard, Jackson and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Blackburn and 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 November 27, 2007 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the December 4, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 27, 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.  The Board notes that the above report is an initial deficiency report and that there shall be a follow-up inspection of this facility, as an apartment occupancy, by the North Smithfield Fire Marshal's office in the near future.  However, the Board finds that the Applicant needs to address the installation of hard wired smoke and carbon monoxide detection listed on this report in order to transfer this property.  Accordingly, the Applicant has requested that the Board grant her a variance in order to allow the above detection to be installed by the new owner within a period of thirty (30) days.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to allow the Applicant to transfer property and to allow the new owner of the facility to install the required hard wired smoke and carbon monoxide detection.
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)].