The above-captioned case was scheduled for hearing on June 29, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Filippi and Coutu were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s office and Assistant Deputy State Fire Marshal Christman of the Jamestown Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 29, 2004 hearing on this matter, the Board was advised and finds that this facility is a one-story wood frame group home.  The Board was further advised and finds that this facility is equipped with an approved Class A fire alarm system, emergency lights and exit signs.  Finally, it is the understanding and finding of the Board that the Applicant plans to provide this facility with an NFPA 13D self-contained sprinkler system that would maintain at least a thirty (30) minute water supply.  The above system has been installed in many group homes through the state.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance of six months from the date of this decision in order to install the submitted NFPA 13D self-contained sprinkler system with thirty (30) minute reserve capacity.  Once the Applicant has installed this system, this building shall be deemed in compliance with the sprinkler requirements for the covered 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 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)].