The above-captioned case was originally scheduled for hearing in 1999 and variances were granted by the Board on December 22, 1999.  The case was thereupon rescheduled for hearing in 2003 and variances were granted by the Board on September 11, 2003.  The Applicant has now returned to the Board requesting reaffirmation of the original variances.  Accordingly, the above captioned case was most recently scheduled for hearing on October 18, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Blackburn, Newbrook, Evans, Burlingame and OConnell were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the October 18, 2005 hearing on this matter, the Board had before it two (2) inspection reports, compiled by the State Fire Marshals office and dated June 15, 2005.  
The above inspection reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the October 18, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 15, 2005 inspection reports as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby reaffirms the original variances granted to the Applicant in December of 1999 in file number 990293.  In granting these variances, it is the understanding of the Board that the majority are structural in nature and that this facility is fully protected by an approved system of automatic sprinklers along with a supervised fire alarm system.
	2.  It is the understanding and direction of the Board that all of the remaining deficiencies outlined in the June 15, 2005 inspection reports have been addressed by the Applicant to the satisfaction of the State Fire Marshals office with the exception of the installation of hard wired carbon monoxide detection.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to provide the residential portions of this facility with approved hard wired carbon monoxide detection installed at the direction and to the satisfaction of the State Fire Marshals office.

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)].