The above-captioned case was scheduled for hearing on February 26, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro and Filippi 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 Vice Chairman Newbrook and seconded by Commissioners Jasparro and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board notes that its initial findings of fact are based on an August 3, 2005 inspection report compiled by the Woonsocket Fire Marshals Office.  The Board further finds that the above report utilized the fifteen-point plan for existing apartment occupancies.  The Board further finds that the Applicant currently plans to file for bankruptcy and the Board further finds that the Applicants bank has not released the money for the fire alarm system for this facility.  The Board further finds that the bank is holding approximately 30,000.00 in escrow.
The Board further finds that approximately four (4) apartment units are occupied and one of these units is located on the uppermost floor and has been occupied consistently for the past twenty (20) years.  The Board further finds that this facility has not been converted from a three-family occupancy.  In light of the recent code changes, and the fact that this building was not originally a one, two or three family occupancy that was converted for apartments, the Board directed the Woonsocket Fire Marshal's office to re-inspect the facility under the provisions of NFPA 101 covering existing apartments.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Woonsocket Fire Marshal's office to re-inspect this existing apartment house under the provisions of NFPA 101 covering existing apartments and to return to the Board if necessary for any additional relief.  The Board further directs the Applicant to provide this facility with approved smoke detection within one (1) week of the date of this hearing and approved fire extinguishers within two (2) weeks of the date of this hearing.  The Board further directs the Applicant to comply with any additional safeguards deemed necessary by the Woonsocket Fire Marshal's office within a timetable established by that office to ensure the safety of the residents of this facility.  In the event the Applicant wishes to return to address any additional deficiencies, the Applicant is free to request that the file be reopened and that the fee accordingly be waived.

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)].