The above-captioned cases were scheduled for hearing on November 6, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Tom Pappa, Frank Dunton, Albert Blais and Ken Happenny of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facilities are apartment occupancies managed by the Applicant.  The Board further finds that the Applicant has requested a time variance to implement a plan of action to bring these buildings in compliance with the State Fire Code.  During the November 6, 2008 hearing, the Board was advised and finds that the Applicant has been working closely with the Woonsocket Fire Marshals Office and that the Woonsocket Fire Marshals Office has continued to inspect these facilities.  At this point, the Woonsocket Fire Marshals Office has advised the Board that it was willing to work with the Applicant in developing an approved plan of action and timetable for bringing these facilities into full compliance with the fire code.
Accordingly, the Board finds that it would be in the best interest of all parties if the Applicant developed a plan of action, outlining the proposed fire safety upgrades for the above-captioned facilities, and submitted this plan to the Woonsocket Fire Marshals Office within a reasonable time to allow meaningful review prior to the new hearing date listed below.  The above plan of action should further include a timetable, to bring these facilities into full compliance with the code, that has been reviewed with, and approved by, the Woonsocket Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance to develop a plan of action, outlining the proposed fire safety upgrades for the above-captioned facilities, and to submit this plan to the Woonsocket Fire Marshals Office within a reasonable time to allow meaningful review prior to the new hearing date of January 6, 2009.  The above plan of action should further include a timetable to bring these facilities into full compliance with the code, that has been reviewed with, and approved by, the Woonsocket Fire Marshals Office.  The parties are hereby notified to return to the Board for review of the above plan on Tuesday, January 6, 2009 at 1:00 PM.  This case is hereby continued to January 6, 2009.

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)].