The above-captioned case was scheduled for hearing on May 12, 2009 at 1:00 P.M.  At that time, Acting Chairman Pearson and Commissioners Dias, Filippi, Jasparro, Jackson, Preiss, Blackburn, Richard and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Blackburn and Richard to close this file and to re-inspect if necessary.  The motion was unanimous.
FINDINGS OF FACT
	During the May 12, 2009 hearing on this matter, the Board was advised and finds that the occupants of the basement of this facility had been vacated and that the Applicant shall maintain this facility as a three-family dwelling.  The Board was further advised and finds that as a three-family dwelling, the provisions of the existing apartment chapter will not apply.  Accordingly, it appears that the Applicants variance request is moot.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby closes the file in the above captioned case and directs re-inspection by the Pawtucket Fire Marshal's office if deemed necessary by that office.  As a condition of allowing the Applicant to reduce the occupancy, the Board directs that the Applicant comply with the smoke and CO detection requirements of three family dwellings, at the direction, to the satisfaction and within a time table established by the Pawtucket 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)].