The above-captioned case was scheduled for hearing on June 5, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Pearson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Michael Morin and David Degrange of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Dias 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 December 15, 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 June 5, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the December 15, 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 variance to reduce the maximum occupancy of this facility to forty-nine (49) individuals.  In light of this reduction of occupancy, it is the understanding and direction of the Board that the Applicant shall not be required to provide this facility with an approved fire alarm system due to the reduced occupancy and small square footage of the building.  However, as a condition of this variance, the Applicant is directed not to allow simultaneous occupancy of both levels of this facility at any one time.
	2-3.  It is the understanding of the Board that items 2 and 3 are not applicable to this facility.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the required exit signage.
	5.  Based upon the limited occupancy of this facility and the above restrictions, the Board hereby grants a variance in order to allow the Applicant to maintain the two (2) means of egress from the lower level of this facility and to utilize the large windows of this facility as supplemental emergency egress.
	6.  It is the understanding of the Board that item 6 is not a deficiency.
	7.  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 for the correction of deficiency 7 by properly flame spread rating the materials cited therein.  The Board hereby 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.
	8.  It is the understanding of the Board that item 8 is not a deficiency under the code.
	9.  The Board hereby grants the Applicant the time variance outlined in item 7 above in order to correct deficiency 9 by providing this facility with approved No Smoking signs.
	10.  It is the understanding of the Board that item 10 is not a listed deficiency.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing the cited boiler enclosure with an approved domestically supplied sprinkler head.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing this facility with approved portable fire extinguishers.
	13.  It is the understanding of the Board that deficiency 13 is not applicable to this facility.
	14.  It is the understanding of the Board that item 14 is not a deficiency within this facility.
	15.  It is the understanding of the Board that item 15 is not a deficiency within this facility.
	16.  It is the understanding of the Board that all additional fire safety suggestions submitted by the Woonsocket Fire Marshals Office have been addressed 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)].