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 Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jasparro 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 an October 24, 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 February 21, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates October 24, 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 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop and submit a plan of action to the Woonsocket Fire Marshals Office for the correction of deficiency 1 by providing this facility with an approved local fire alarm system and key access box installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee.  The Board hereby grants the Applicant an additional 120 days to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee.  Finally, the Board notes that the Woonsocket Fire Marshals Office shall have the authority to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with approved hardwired smoke and carbon monoxide detection.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing this facility with approved emergency lights at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	6.  It is the understanding of the Board that item 6 is not deficient and therefore not a violation of the Fire Code.
	7.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 by providing the cited wainscoting in the main egress system with an approved Class A finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	8-9.  It is the understanding of the Board that items 8 and 9 are not deficient and therefore not violations of the State Fire Code.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 by providing the cited doors with approved self-closing devices that close and latch the unit, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited blockage of the fire escape system and re-securing the cited drop ladder.
	12.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 12 by providing the furnace of this facility with an approved remote shut-off switch installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	13.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 13 by either enclosing the cited boiler in a one-hour room or by providing a domestically supplied sprinkler head over the unit, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	14.  While there was a question as to whether the Applicant has corrected deficiency 14, the Board hereby directs the Applicant to correct deficiency 14 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office by providing this facility with approved portable fire extinguishers.
	15.  During the February 21, 2012 hearing on this matter, the Board was advised and finds that this building discharges on the first level from the third level and that relief from the domestically supplied sprinkler coverage would be appropriate.  Accordingly, the Board hereby grants a variance in order to allow the Applicant not to provide domestically supplied sprinkler heads within this facility due to the configuration of the egress system of this facility.
	16.  (Additional requirement).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 16 by blocking and/or filling the penetration along the sill plate/stud bays with an approved Class A product, installed 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)].