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 David Degrange and Scott Popovitch of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Sylvester.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 23, 2009 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 March 23, 2009 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 correct deficiency 1 by providing approved separation pursuant to the provisions of section 10-5-1 et seq.  Specifically, if the Applicant complies with the provisions of section 10-5-1 et seq, the Applicant shall not be required to provide a two-hour fire separation between the commercial sections and the apartments of this facility.  The Board hereby grants the Applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Board notes that the Woonsocket Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board notes that if the Applicant corrects deficiency 1, deficiency 2 will become moot.  However, if the Applicant does not correct deficiency 1, the Board hereby grants the Applicant a time variance of thirty (30) days to submit a plan of action and 120 days to implement that plan of action for the correction of deficiency 2 by providing this facility with an approved fire alarm system.  However, as noted above, this deficiency will become moot if the Applicant provides the limited separation required under section 10-5-1.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action to the Woonsocket Fire Marshals Office for providing this facility with approved hard wired or radio wireless smoke and carbon monoxide detection.  The Board further grants the Applicant an additional 120 days in order to implement that plan of action by installing the units described in item 3.
	4.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 4 by providing domestically supplied sprinkler heads within the cited hazard areas of this facility.
	5.  The Board notes that item 5 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	6.  The Board notes that item 6 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	7.  The Board notes that item 7 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	8.  The Board notes that item 8 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	9.  The Board notes that item 9 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	10.  The Board notes that item 10 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	11.  The Board notes that item 11 will be moot in the event the Applicant provides this facility with the separation outlined in item 1 above.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing an approved portable fire extinguisher within the tailor shop section of this facility prior to re-occupancy of that section.
	13.  The Board notes that separation provided by item 1 above would address deficiency 13.
	14.  The Board notes that item 14 would be moot in the event the Applicant provides the separation outlined in item 1 above.

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)].