The above-captioned case was scheduled for hearing on June 19, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Degrange and Popovitch of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Richard 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 30, 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 19, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the December 30, 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 report to and advise the Woonsocket Fire Marshals Office of his decision to exercise one of the options outlined below.  The Board hereby grants a variance in order to allow the Applicant to either install the fire alarm system required for this facility on or before December 31, 2012 or, not to install a fire alarm within this facility but to limit the occupancy of this facility to forty-nine (49) people, unless there is a special event.  If there is a special event with the limited occupancy, the Applicant shall be allowed to increase the occupancy at the direction and to the satisfaction of the Woonsocket Fire Marshal for that special event provided the Applicant maintains a detail firefighter during the special event, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  In light of the above, the Woonsocket Fire Marshals Office had no objection to the Applicant having the option of either installing the fire alarm system by December 31, 2012 or reducing the occupancy to forty-nine (49) people at the end of the above thirty-day period.
	2.  It is the understanding of the Board that item 2 is not applicable to this case.
	3.  The Board hereby grants the Applicant a time variance until December 31, 2012 in which to correct deficiency 3 by providing this facility with approved emergency lighting, 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 3 above in order to provide this facility with approved exit signage, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	5-8.  It is the understanding of the Board that deficiencies 5, 6, 7 and 8 are either not deficient or not applicable.
	9.  During the June 19, 2012 hearing on this matter, the Applicant advised the Board that he would correct deficiency 9 within four to six weeks.  Accordingly, the Board hereby grants the Applicant a time variance of six (6) weeks from the date of this decision in which to eliminate smoking from this facility and to provide No Smoking signs at all entry doors.
	10.  The Board hereby grants the Applicant a time variance of six (6) weeks from the date of this decision in which to correct deficiency 10 by providing the boiler room of this facility with an approved remote shut-off switch.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12-15.  It is the understanding of the Board that items 12, 13, 14, and 15 are either not deficient or not in violation of the code.

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)].