The above-captioned case was scheduled for hearing on June 6, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Burlingame, Newbrook, Pearson, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ballou of the Union Fire District Fire Marshals 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
	Based on the documentation received and testimony presented during the June 6, 2006 hearing on this matter, the Board finds that this is a two-story building maintaining an office on the street level, a one-bedroom apartment on the first floor behind the office, and a large three-bedroom unit on the second floor.  The Board finds that the Applicant has appeared before it requesting review of the required fire alarm system due to the office occupancy of this facility.  The Applicant notes the distinction between the requirements for a three-family house and the requirements for a business occupancy.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this business building with an approved fire alarm system and the other business related requirements under the code, or, as the Applicants option, he may discontinue the business occupancy of this facility, and simply comply with the requirements for a three-unit dwelling.  The Board further notes that if the Applicant chooses to convert the current occupancy to that of a three-unit dwelling, the Applicant shall be required to provide approved hardwired smoke and carbon monoxide detection throughout this facility on or before July 1, 2008 in accordance with the requirement for three-family occupancies.  In providing the Applicant with the above options, the Board notes that while private dwelling units typically limit public access and occupancy, an office, by its very nature, encourages public access and occupancy and by people unfamiliar with the egress system and/or the hazards presented by the business.  Accordingly, the National Fire Code requirements for a business use group are different for a limited residential group where the occupants are generally knowledgeable about the egress system and the hazards within their units.  In summary, the Applicant shall have a period of 120 days from the date of this decision in which to make the above choice, and to bring the facility into compliance with the provisions of the code covering the chosen occupancy.

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)].