The above-captioned case was scheduled for hearing on to January 23, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, O'Connell, Richard, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Lawrenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 23, 2001 hearing on this matter, the Board was advised that this facility currently maintains a commercial and residential occupancy.  The Applicant has requested a variance in order to eliminate the commercial occupancy and convert this building into three family residential occupancy.  The Providence Fire Marshal's office appeared had no objection to the conversion of this occupancy to residential units provided the Applicant install approved smoke detection at the direction to the satisfaction of that Office. The conversion would eliminate all remaining fire code deficiencies within this facility.
	
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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the Applicant a time variance of 90 days in which to convert the occupancy of this facility from commercial to three family residential.  In granting this variance, the Applicant shall be allowed to maintain the existing occupancy of the second and third floors of this facility during the transition period.  Upon completion of the 90 days, the Board directs that the commercial occupancy shall be eliminated and that no more than three family units shall be occupied within this facility.  Finally, the Board directs the Applicant to provide this facility with an approved system of smoke detectors which would be required for a new three family occupancy.  The above smoke detector shall install that the direction to the satisfaction of the Providence fire Marshal during the 90 day 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 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)].

Decision was mailed on 2-14-01.