The above-captioned case was scheduled for hearing on June 15, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Wahlberg, Preiss, Newbrook, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 15 hearing on this matter, the Board relied upon a December 12, 2003 inspection report complied by the Cumberland Hill Fire Marshal’s Office.  The above report was specifically utilized by the Board, the Applicant and the Cumberland Hill Fire Marshal’s Office during the above hearing.  Accordingly, the Board hereby incorporates the December 12, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term “approved”, as used herein, is understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of 150 days in order to bring this facility into full compliance with the State Fire Code and to correct all of the deficiencies outstanding in the December 12, 2003 report.  The Board further grants the Applicant the option of either providing this facility with an approved municipally connected fire alarm system within the above 150 days or completely subdividing the building in half with a two (2) hour fire wall brought directly to the roof and flanged out four (4) feet from the roof on both sides at the direction and to the satisfaction of Cumberland Hill Fire Marshal’s Office.  Once the building is so subdivided, the Board would allow the Applicant to install two (2) local fire alarm systems covering the two (2) groups of six (6) apartment units, in lieu of a municipally connected fire alarm system.  Finally, the Board directs that the Applicant shall provide either the municipally connected fire alarm system or the two (2) local fire alarm systems and approved fire wall as outlined above, within 150 days from the date of this decision.

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 Applicant’s 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 Board’s 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 Board’s 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)].