The above captioned case was scheduled for hearing on July 17, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Evans, Wahlberg, OConnell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Tom Morris of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed with one abstention.

FINDING OF FACT
	
During the July l7, 2001 hearing on this matter, the Board was advised by the Woonsocket Fire Marshals Office that this facility consisted of three (3) apartment units and a business occupancy.  The Board was further advised that the Woonsocket Fire Marshal would have no objection to the Applicants segregating the business section of this facility with an approved 5/8 sheet rock assembly.  The business portion of this facility consisted of a limited pet grooming operation.  It is the understanding of the Board that if the business is properly separated, this facility would be in full compliance with the Code.

	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used 
herein is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby allows the Applicant to segregate the business portion of this facility with approved 5/8 sheet rock assembly, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.  Upon proper separation of the business occupancy from the remaining residential units, the deficiencies listed in the January l9, 2001 inspection report shall be rendered moot.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]