The above-captioned case was scheduled for hearing on April 1, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Jasparro and Filippi were present.  The fire service was represented by Chief James Bryer and Assistant Deputy State Fire Marshal Howard Tighe of the Jamestown Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Based upon the Boards review of the documentation presented by the parties and the testimony taken during the April 1, 2008 hearing on this matter, the Board finds that this facility was originally a fifty-room hotel annex with four (4) bathrooms.  The Board further finds that this facility is currently listed on the Jamestown records as a five-family dwelling unit, but for many years has been utilized as a ten-unit apartment building.  The Board further finds that the Applicant has planned to rebuild this structure utilizing current materials and in accordance with the current codes.  The Board further finds that the Applicant has advised it that as its tenants have moved out, he has not rented the vacant units.  The Board finds that this variance application was submitted in late 2005 and as of the date of the 2008 hearing on this matter, the building remains occupied with only battery-operated smoke detection and fire extinguishers in the common hallways.  While none of the parties have requested that this matter be expedited, it is the opinion of the Board that the status quo is not acceptable.  

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 get approval for the demolition and reconstruction of this structure.  The Board hereby grants the Applicant the same period of 120 days from the date of this decision in which to remove the tenants from this facility in the event the Applicant is successful in securing his demolition and reconstruction permits.  
	2.  In the event the Applicant is not successful in securing his demolition and reconstruction permits within the above 120 day period, the Board hereby grants the Applicant an additional 120 days in order to install the fire alarm system in this facility.  As a condition of this time variance and the time variance outlined in item 1 above, the Board hereby directs the Applicant to provide the egress system in the common areas of this facility with interconnected or wireless (radio monitored) system of smoke detectors within thirty (30) days of the date of this decision.  In addition, within the above thirty (30) day period, the Applicant shall provide each of the apartment units with single station smoke detectors and plug-in carbon monoxide detectors, installed at the direction and to the satisfaction of the Jamestown Fire Marshals office.  The Board notes that the Applicant may remove these devices in the event of demolition of this facility, and incorporate these devices into the new fire detection system, at the direction and to the satisfaction of the Jamestown Fire Marshal's office.  Accordingly, the Applicant should select devices that would comply with the requirements for new construction.

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)].