The above-captioned case was originally heard by the Board on June 3, 2003 at 1:00 P.M.  The decision, outlining a plan of action for this facility, was thereupon issued by the Board on July 2, 2003.  The Applicant has returned to the Board requesting clarification on three items of the Decision.  Specifically, by letter dated July 21, 2003, the Applicant requested clarification on items 1, 5, and 10.  The Applicant’s letter was reviewed by the Board on July 22, 2003.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg to clarify the Decision as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact as outlined in its Decision in file number 030165.  The Board further finds that questions existed with regard to the Board’s intention in the drafting of items 1, 5, and 10.  The Board shall address each of these items below.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  It is the understanding and the direction of the Board that the new conforming stairway will be a minimum of 36” wide with the exception of the half level run from the grade entrance to the basement that will be 34”.  The Board hereby reaffirms the variance granted to allow the Applicant to maintain the above half level run at 34”.
	
5.  The Board notes that the rating of the walls of the new stair, which connects two floors and the basement, is approved at one hour as the fire code requires.
	
10.  During the July 22, 2003 review of the July 21, 2003 correspondence, the Board noted that it was the intent of the original Decision to allow the Applicant to install a fire alarm system as submitted on its original plans to the Pawtucket Fire Marshal’s office.  Specifically, the fire alarm system shall consist of one horn strobe in each apartment unit as well as one additional horn strobe on the second level of the town house unit as required by the Fire Code.  The original Decision shall not be interpreted as to mean a horn in each bedroom in addition to the horn strobe in the apartment.  Specifically, it was not the intent of the Board to require an additional horn in each bedroom, but only a horn strobe in each apartment as well as an additional horn on the second level of townhouse unit.

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 Applicant’s 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 Board’s 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 Board’s 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)].