The above-captioned case was scheduled for hearing on June 3, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Preiss, Blackburn, Filippi, Richard and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Pursuant to the testimony taken during the June 3, 2008 hearing on this matter, the Board finds that the subject facility, during the initial 2005 inspection, maintained a commercial use on the ground level and single apartments on the first, second and third floors.  The Board further finds that the Applicant has petitioned the Providence Zoning Board to remove the commercial use from the facility and to maintain a three-family apartment house.  The Board is satisfied with the Applicants attorneys representations with regard to the conversion of this occupancy.
	The Board notes that the three years intervening between the inspection of this facility and the conversion have raised the issue of unresolved fines.  During the hearing, the Applicant indicated that he wished to receive a variance for the waiver of all fines in this case, upon the conversion to a three-family residential occupancy.  The Board further finds that this facility is currently protected by  hard-wired smoke and CO detection.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants request to consider this a three-family residential occupancy and to further waive any accumulated fines resulting during the interval between the initial inspection of this facility in 2005 and the June 3, 2008 hearing date.  In granting this relief, the Board notes that the facility is currently protected by hard-wired smoke and CO detection as required for such an 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)].