The above-captioned case was scheduled for hearing on March 27, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board was present and heard this case.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Brown of the Providence Fire Marshals Office.  The subcommittee recommendations were approved by the Board on April 3, 2007 pursuant to a motion made by Commissioner Richard and seconded by Commissioner OConnell.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	During the March 27, 2007 hearing on this matter, the Board was advised that this facility was originally a three-family home that had been converted into a four-unit apartment house in the 1960s.  The Board was further advised that the Applicant plans to re-convert this facility back to a three-family home from a four-unit apartment house and that the applicant has further received a permit to do so.  The Board was finally advised that the electrical and gas meters of the fourth unit are to be removed.  The Applicant has come before the Board requesting relief from the apartment provisions of the code in order to re-convert this facility to a three-family occupancy.  The Applicant further understands that the newly created three-family occupancy must be equipped with hardwired smoke and carbon monoxide detection in accordance with the new residential occupancy provisions.  Finally, it is the understanding of the Board that the Providence Fire Marshal's office has no objection to the requested relief.

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 re-convert this four-unit apartment house into a full three-family residential occupancy.  As a condition of this relief, the Board directs the Applicant to provide this facility, within the above time frame, with approved hard-wired smoke and carbon monoxide detection installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, as a condition of this relief, the Board directs the Applicant to remove the electrical and gas meters supporting the fourth family unit of this facility within the above time frame.
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)].