The above-captioned case was scheduled for hearing most recently on January 11, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Preiss, Newbrook, Evans, Burlingame, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board relies on its original findings of fact in this case that is issued in file number #010277.  The Board further finds that this case was again reviewed on November 9, 2004 and that the Applicant was directed to return to the Board within sixty (60) days to provide the Board with a progress report.  The Applicant has returned to the Board and advised that all deficiencies have been corrected with the exception of sprinkler coverage.  The Applicant further advised the Board that the sprinkler coverage is presenting a significant financial hardship.  The Board notes that the sprinkler requirement for this facility stems from one of the Applicant’s tenants sleeping above the third (3rd) floor level.  In light of the above, it was determined that an alternative plan of action for this facility would be to simply vacate the fourth floor level to grant the Applicant additional time in which to bring this facility into compliance.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to either correct the sprinkler deficiency or to vacate the fourth (4th) floor of this facility.  If the Applicant wishes to vacate the fourth (4th) floor of this facility, the Board hereby directs that it be completed within sixty (60) days from the date of this decision.  The Board further directs the Applicant not to re-occupy the fourth (4th) of this facility until such time as he has installed an approved sprinkler system.  If the Applicant is planning to continue with the sprinkler of this facility, the Applicant is also directed to secure all of the necessary engineering for the sprinkler system within the above sixty (60) day period.  Finally, in vacating the fourth (4th) floor of this facility, the Board directs the Applicant to complete this operation at the direction of both the Woonsocket Fire and Building Officials Offices.

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)].