The above-captioned case was scheduled for hearing on September 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Jackson, Sylvester, Burlingame and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame 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 February 16, 2007 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 September 13, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the February 16, 2007 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 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 
	1-10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit to the Woonsocket Fire Marshals Office a plan of action for the correction of any remaining deficiencies listed under items 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the February 16, 2007 inspection report.  The Board further grants the Applicant an additional 120 days to implement the above plan of action by correcting any remaining deficiencies under the above cited sections of the inspection report.
	11.  During the September 13, 2011 hearing on this matter, the Board was advised that the commercial tenant was scheduled to vacate the commercial space of this facility within the next thirty (30) days.  Accordingly, the Board hereby grants the Applicant a time variance in order to correct deficiency 11 by providing the commercial cooking and vent system with an approved suppression system prior to the re-occupancy of this commercial unit, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	12-14.  The Board hereby grants the Applicant the time variance as outlined in item 11 above in order to correct deficiencies 12, 13 and 14 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	15.  (Additional requirements).  During the September 13, 2011 hearing on this matter, the Board was advised that the Applicant had corrected the extension cords of this facility and removed the combustibles away from the electrical panels.  The Board hereby grants the Applicant the time variance as outlined in item 1-10 above in order to correct the remaining deficiencies listed under Additional Requirements.  Specifically, the Applicant shall have the above time variance to provide non-combustible bases for the gas-on-gas units and to properly seal the stud bays with an approved Class A product, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Board notes that the above timelines for items 1-10 and 15 may be extended by the Woonsocket Fire Marshals Office for good faith efforts being shown 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)].