The above-captioned case was originally before the Board on March 13, 2007 and a decision in file number 050855 was issued on August 24, 2007.  By letter dated December 21, 2007, the Applicants attorney advised the Board that the owners of this facility now plan to eliminate the commercial occupancy and allow the property to revert back to a three-family apartment.  The Applicants request was thereupon scheduled for hearing on January 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Jasparro, Preiss, Jackson, Walker and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Walker and the abstention of Commissioner Filippi.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 050855 as its initial findings of fact in this case.  In addition, the Board finds that the Applicants attorney has advised it that this propertys commercial use will be abandoned and that the property is anticipated to revert back to a three-family residential occupancy in the near future.  The Board further finds that the Applicant is requesting relief from the original decision in this matter, in light of the reduction of the commercial hazard and the reduction of the number of residential units within this facility.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant relief from the original decision in file number 050855 conditioned upon the Applicants conversion of this facility from a commercial and residential facility to a three-family dwelling.  As a condition of this relief, the Board directs the Applicant to provide this facility with approved hard wired smoke and CO detection on or before April 1, 2008 and to return to the Board to review this facility if necessary on April 29, 2008.  Finally, as a condition of this relief, the Applicant shall take all steps deemed necessary by the Providence Fire Marshal's office to establish this facility as a permanent three-family residence.

 
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)].