The above-captioned case was scheduled for hearing on February 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro and Dias were present.  The fire service was represented by Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a December 6, 2011 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Woonsocket Fire Marshals Office and the State Fire Marshals Office during the February 21, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the December 6, 2011 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.  (11-2689-VN).  It is the understanding of the Board that the Applicant has either corrected or shall correct deficiency 1 at the direction and to the satisfaction of the State Fire Marshals Office by cleaning the cited heat detector located in the kitchen of this facility.
	2.  (11-2687-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of the stairway leading to the first floor level of this facility from the basement.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	3.  (11-2691-VN).  It is the understanding of the Board that the Applicant either has or shall correct deficiency 3 by relocating the cited heat detector in the nursery, at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (11-2690-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited clear width of the stairway leading from the third floor to the second floor of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	5.  (11-2688-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the correction of deficiency 5 as part of the overall installation of the sprinkler system within this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above sprinkler coverage plan which would correct deficiency 5 as part of the sprinkler coverage to be installed in this facility.
	6.  (11-2684-VN).  The Board hereby grants the Applicant the time variance outlined in item 5 above in order to correct deficiency 6 by providing this facility with an approved dryer duct, at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  (11-2683-VN).  The Board hereby grants the Applicant a variance in order to maintain the existing cited headroom from the basement to the first floor of this facility.  In granting this variance, the Board directs the Applicant to provide the low headroom area with approved warning signage, at the direction and to the satisfaction of the State Fire Marshal's Office.  Finally, it is the understanding of the Board that the basement of this facility has additional means of egress and it is occupied on a limited basis for meter reading and utilities.
	8.  (11-2679-VN).  It is the understanding of the Board that the Applicant has corrected or shall correct deficiency 8 by providing the cited smoke detectors with approved batteries.
	9.  (11-2682-VN).  The Board hereby grants the Applicant the time variance outlined in item 5 above in order to correct deficiency 9 by providing this facility with an approved sprinkler system.
	10.  (11-2681-VN).  The Board hereby grants the Applicant a variance in order to maintain the cited headroom in the third floor stairway with approved warning signage.  In granting this relief based on structural hardship, it is the understanding of the Board that this is a limited use area.
	11.  (11-2678-VN).  The Board hereby grants the Applicant the time variance outlined in item 5 above in order to correct deficiency 11 by providing this facility with an approved sprinkler system, installed at the direction and to the satisfaction of the State Fire Marshals Office.
	12.  (11-2677-VN).  The Board hereby grants the Applicant the time variance outlined in item 5 above in order to correct deficiency 12 by providing this facility with an approved municipally connected fire alarm system, installed at the direction and to the satisfaction of the State Fire Marshal or designee.

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)].