The above-captioned case was scheduled for hearing on July 28, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Richard, Preiss, Blackburn and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard, Jasparro and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 20, 2009 plan review report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the July 28, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the July 20, 2009 plan review report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 14.2.2.2.1 and 7.2.1.4.3 and their referenced standards in order to allow the Applicant to maintain the existing cited swing of the main entry doors (Main Street side) of this facility.  In granting this relief, the Board notes that this variance to allow the existing swing is based upon the limited occupancy of this facility along with the fact that it is fully sprinklered under the NFPA standards, and finally the fact that these doors are located directly on the sidewalk and re-swinging them would impede pedestrian traffic.  In light of the above, the Woonsocket Fire Marshal's office has no objection.
	2-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4 and 5 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	6 (first item 6).  During the July 28, 2009 hearing on this matter, the Board was advised that the sprinkler system of this facility is not zoned.  However, the Applicant maintains an addressable fire alarm system which is properly zoned.  Accordingly, it appears that, in light of the fire alarm zoning, it would not be necessary to provide redundant sprinkler zoning.
	6 (second item 6).  The Board hereby grants a variance from the provisions of section 7.2.2 and table 7.2.2.2.1(a) in order to allow the Applicant to maintain the existing configuration, width, treads and risers of the existing stairway at side A/D of this facility.  In granting this relief, the Board notes that the Applicant shall be providing this facility with an approved new stairway along with an approved sprinkler system installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office and therefore that office has no objection.
	7-8.  It is the understanding of the Board that the Applicant shall correct deficiencies 7 and 8 and all remaining items on the July 20, 2009 plan review report, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.

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)].