The above-captioned case was scheduled for hearing on November 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Michael Morin and David Legrange of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Sylvester 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 January 5, 2009 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 November 29, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 5, 2009 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 
	1-4.  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 a plan of action to the Woonsocket Fire Marshals Office for the correction of deficiencies 1, 2, 3 and 4.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  
	5.  It is the understanding of the Board that item 5 has not been deemed to be deficient.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by repairing the cited penetrations and openings in the plaster.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing all combustible materials from the egress system and providing this system with an approved Class A flame spread finish, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	8.  It is the understanding of the Board that item 8 is not deficient.
	9.  It is the understanding of the Board that item 9 is not deficient.
	10.  It is the understanding of the Board that the Applicant has corrected part of deficiency 10 and will correct the remaining part of deficiency 10 within the timeframe outlined in items 1-4 above.
	11.  It is the understanding of the Board that item 11 is not applicable.
	12.  It is the understanding of the Board that item 12 is not applicable.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	15.  The Board hereby grants a variance from the provisions of section 31.1.1.3(15) based on the unique configuration of this building and conditioned upon the Applicants maintaining the means of egress at the direction and to the satisfaction of the Woonsocket Fire Marshals 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)].