The above-captioned case was scheduled for hearing on May 22, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, Richard, Evans, Filippi, Pearson and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Fillippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the May 22, 2001 hearing on this matter the Board was advised that this facility which had been occupied as a five unit apartment was in the process of being converted to 3 family occupancy and that the Applicant has appealed this decision.  Specifically, the Applicant is currently allowed to maintain this property as a three family house by zoning.  In light of the above, the June 16, 2000 inspection report compiled for this facility will be moot unless the Applicant successfully appeals the City’s decision. 	

In the meantime, the Applicant would still be required to clean off the fire escapes and provide an interconnected hardwired system of smoke detectors along the fire extinguishers.  

Accordingly, the Board shall initially consider the application before it has request for time variance to comply with the above requirements for three family home.

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 sixty days from the date of this decision in which to remove all obstructions from the fire escapes and to further provide this facility with approved system of interconnected hardwired smoke detectors installed at the direction and to the satisfaction of the East Providence Fire Marshal.  The Board further grants the Applicant a time variance of 15 days from the date of this decision in which to provide the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the East Providence Fire Marshal.  In granting the above time variances, the Board notes that there shall be no occupancy above the third floor this facility.  If within 90 days of the date of this decision, the Applicant is allowed to maintain this facility as an apartment occupancy under the zoning code of East Providence, the Board shall reconsiders this case in order to address the cited deficiencies of the June 28, 2000 inspection report.

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)].

This decision was mailed on 6-22-01.