The above-captioned cases were scheduled for hearing on April 26, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Preiss, Richard, Pearson and Dias were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairperson Filippi and Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 26, 2011 hearing on these cases, the Board was advised and finds that the Applicant plans to sprinkler all five (5) of these homes.  The Board was further advised and finds that all five homes are occupied and the sprinkler plans have been approved.  The Board further finds that file number 080181 for the property located at 1609 Pawtucket Avenue in East Providence is currently utilized for family counseling and that this facility may not immediately require sprinkler coverage.  Accordingly, the Board notes that the State Fire Marshal will hold this facility open to determine what the final occupancy will be.
	The Board was further advised and finds that beside the sprinkler issue, the majority of the remaining issues are dimensional in nature and that the State Fire Marshals Office requests authority to grant relief on these issues.  The Board was further advised and finds that the State Fire Marshals Office has requested that the parties be directed to return to the Board in six (6) months with a progress report.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of six (6) month from the date of this decision in which to proceed with the sprinkler coverage of these facilities, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs the parties to return within six (6) months to report to the Board as to the progress of this project.
	2.  The Board hereby authorizes the State Fire Marshals Office to grant relief on the dimensional issues found within these facilities.  Specifically, if the State Fire Marshals Office grants the Applicant dimensional relief, that dimensional relief granted shall maintain the status of a variance for the building.
	3.  As outlined in item 1 above, the Board hereby directs the parties to return within six (6) months to provide it with a progress report and to address any additional issues that may have been raised during that period.

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)].