The above-captioned case was scheduled for hearing on April 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Pearson, OConnell, Walker and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker 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 February 25, 2008 inspection 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 April 22, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the February 25, 2008 inspection 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 the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 1 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved emergency lighting as part of the fire alarm package for this facility within 120 days of the date of this decision.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved marking of the means of egress as part of the fire alarm package, within 120 days of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the existing freight elevator with the following modifications.  As a condition of this variance, the Board directs the Applicant to replace the non-rated hollow-core doors with approved 1 3/8 solid bi-fold doors and to render the doors smoke-tight through the application of intumescent tape or gasketing, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board directs the Applicant to effect the above correction within 120 days of the date of this decision.  In granting this relief, it is the understanding of the Board that the freight elevator goes from floor to floor and currently has a 5/8 sheetrock assembly on its shaft. 
	8.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 and its referenced standards in order to allow the Applicant to provide closers on the doors in the upper level business/mercantile occupancy of this facility.  The Board grants the Applicant the option of utilizing magnetic hold-open devices on these doors which release automatically in the event of a fire alarm.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the above doors with the closers.
	8.  It is the understanding of the Board that the Applicant has corrected the majority of deficiency 8 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby directs the Applicant to correct the remainder of deficiency 8 by providing the embalming room door jamb with an approved 1 3/8 solid core door installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to install a remote shut-off switch on the boiler of this facility.
	10.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the paneling wall covering the basement level of this facility with an approved Class A finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	13-16.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 13, 14, 15 and 16 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	17.  The Board hereby grants a variance from the provisions of section 9.4.7 in order to allow the cited elevator to continue to open into a stairway provided that the elevator is not used during the assembly occupancy of this building.  


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)].