The above-captioned case was scheduled for hearing on June 7, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Walker and Pearson were present. Commissioner Dias recused himself from consideration of this case. The fire service was represented by Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard 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 September 18, 2006 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 June 7, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 18, 2006 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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1  4	The Board hereby grants the Applicant a time variance of thirty (30) days from date of this Decision to secure quotes and prepare a plan of action for the correction of Deficiencies 1, 2, 3 and 4 by providing this facility with an approved fire alarm system, carbon monoxide detection, emergency lighting and exit signage at the direction and to the satisfaction of the Woonsocket Fire Marshals Office. The Board hereby grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action. Alternatively, the Applicant may use the above one hundred fifty (150) day time period to convert this building back to the original three (3) family occupancy and install the limited fire protection required for that occupancy at the direction and to the satisfaction of the Woonsocket Fire Marshals Office. The Board hereby grants the Woonsocket Fire Marshal the authority to extend the above timelines for good faith efforts being shown by the Applicant. 
5  15 It is the understanding of the Board that the remaining deficiencies (5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15), listed within the September 18, 2006 inspection report, either did not apply to, or have been corrected by, the Applicant. 

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)].