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 Dias and seconded by Vice Chairperson Filippi 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 24, 2008 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 the January 24, 2008 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 which to provide the Woonsocket Fire Marshals Office with a plan for the installation of a fire alarm system within this facility.  The Board further grants the Applicant an additional 120 days in order to implement the above plan, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  The Board hereby grants the Woonsocket Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.  Finally, the Board directs the parties to re-measure this facility to determine the total interior usable square footage of this facility.  In the event that total exceeds ten thousand (10,000) square feet on any one floor, the Applicant is directed to provide this facility with approved municipal connection.  In the event that total is less than ten thousand (10,000) square feet for every floor, the Applicant shall only be required to provide this facility with a local fire alarm system as outlined above.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with an approved key access box, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	3-15.  It is the understanding of the Board that the Applicant has corrected any outstanding deficiencies as outlined in items 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	16.  The Board hereby directs the Applicant to correct deficiency 16 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Specifically, if the Woonsocket Fire Marshals Office is satisfied that the Applicant has substantially and in good faith complied, the Board shall be satisfied.
	17-18.  It is the understanding of the Board that the Applicant has corrected deficiencies 17 and 18 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)].