The above-captioned cases were originally scheduled for hearing on November 6, 2008 at 1:00 P.M.  At that time, a motion was made by Commissioner Preiss and seconded by Commissioner Dias to have the Woonsocket Fire Marshals Office and the Applicant develop and submit a plan of action for the above captioned facilities.  This motion was unanimous.
	The above-captioned cases were thereupon scheduled for a second hearing, to review and approve the parties plan of action, on March 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Pearson and Jasparro were present.  Commissioner Dias recused himself from consideration of these cases.  The fire service was represented by Assistant Deputy State Fire Marshals Francis Dunton and Thomas Papa of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT

The Board finds that the subject facilities are apartment occupancies managed by the Applicant.  The Board further finds that the Applicant has requested a time variance to implement a plan of action to bring these buildings into compliance with the State Fire Code.  During the original November 6, 2008 hearing, the Board was advised and found that the Applicant has been working closely with the Woonsocket Fire Marshals Office and that the Woonsocket Fire Marshals Office has continued to inspect these facilities. During the follow-up March 3, 2009 hearing, the Woonsocket Fire Marshals Office advised the Board that it had completed its plan of action with the Applicant.
The Board further finds that the plan of action for the subject facilities has three (3) parts.  Initially, the Applicant shall provide the documentation as to the structural separation and compartmentalization of each of the subject buildings.  Secondly, the Applicant shall bring each of these buildings into compliance with the code, at the direction, to the satisfaction, and within a time table established by the Woonsocket Fire Marshals Office.  Finally, the parties have requested that the Board maintain these files as open files, in the event the parties encounter any structural or other issues during the course of the Applicants compliance with the above plan of action approved by the Woonsocket Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby approves the parties above plan of action as follows:  
A.	The Applicant shall provide the Woonsocket Fire Marshals Office with approved documentation as to the structural separation and compartmentalization of each of the above subject buildings within a time table established by that office. 
B.	The Applicant shall bring each of the above buildings into compliance with the code, at the direction, to the satisfaction, and within a time table established by the Woonsocket Fire Marshals Office. 
C.	The Board shall maintain each of these files as open files, until the above buildings are each brought into compliance with the above plan of action to the satisfaction of the Woonsocket Fire Marshals Office.  Specifically, in the event the parties encounter any structural or other issues during the course of the Applicants compliance with the above plan of action approved by the Woonsocket Fire Marshals Office, the parties may request another hearing before the Board.  Once a particular building is deemed to be in compliance by the Woonsocket Fire Marshals Office, that particular file shall be closed.  

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)].