The above-captioned case was scheduled for hearing on June 17, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Preiss, Filippi, Jasparro, Jackson, Richard, Blackburn and Walker were present.  Assistant Deputy State Fire Marshal Michael Frink of the Dunns Corners Fire District Fire Marshal's office advised the Board in a letter dated June 9, 2008 that he would support a time variance for the installation of a fire alarm system within this facility.  Accordingly, a motion was made by Vice Chairman Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is an existing bed and breakfast facility that has been fully equipped with hard wired smoke detection and CO detection.  The Board further finds that the Applicant has provided sprinkler coverage on the upper floor and in the basement of this facility.  The Board further finds that the property is currently for sale, and that if the property is to be utilized as a bed and breakfast facility, the new owner will bring the facility into compliance.  The Board further finds that if the facility is converted to a single family home, no additional fire protection will be required.  Finally, the Board finds that the Dunns Corners Fire Marshal's office has no objection to a time variance for compliance.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until June 1, 2009 in order to bring this facility into compliance with the State Fire Code by either converting it to a single family occupancy or by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Dunns Corners Fire District Fire Marshal's office.

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)].