The above-captioned cases were scheduled for hearing on January 8, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn 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 Sylvester and seconded by Commissioner Jackson to grant the Applicants relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 25, 2012 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicants and the Woonsocket Fire Marshals Office during the January 8, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the January 25, 2012 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicants, 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 Applicants.  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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
	The Board notes that this is a unique case in that the facility is subject to a life estate interest by Ms. Mary Jane LeBrun, with remaindermen interest by Ms. Lisa Newlands and others.  The Board further finds that all of the parties were present and/or represented by counsel and were in agreement to develop a plan of action with the Woonsocket Fire Marshals Office for the correction of the deficiencies within this facility.  The Board further finds that the parties needed a time variance in order to make the required corrections.  The Board notes that upon the timely completion of this project by the Applicants, all fines related to the fire code shall be waived and deemed moot.  Finally, since Ms. Newlands and the other remaindermen maintain the actual permanent ownership interest in this facility, they shall be referenced below as the Applicants.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicants a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the Woonsocket Fire Marshals Office for the installation of an approved fire alarm system within this facility.  The Board further grants the applicants an additional 150 days in which to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Due to the circumstances surrounding this case, as outlined above, the Board hereby authorizes the Woonsocket Fire Marshals office to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicants.  Finally, the Board notes that the applicants have provided this facility with temporary protection by installing battery powered smoke detection throughout.
	2.  The Board hereby grants the Applicants the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with approved hard-wired or wireless smoke and carbon monoxide detection installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  In light of the current question as to the placement of smoke detection, the Board notes that if the Woonsocket Fire Marshals Office approves a particular configuration of the smoke and carbon monoxide detection, that configuration shall be deemed approved for this facility.
	3.  The Board hereby grants the Applicants the time variance outlined in item 1 above in order to provide 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 Applicants the time variance outlined in item 1 above in order to provide this facility with 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 item 5 is not a violation of the code.
	6.  The Board hereby grants the Applicants the time variance outlined in item 1 above in order to repair the cited plaster walls of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	7.  The Board hereby grants the Applicants the time variance outlined in item 1 above in order to correct deficiency 7 by providing an approved Class A flame spread over the wainscoting and other combustible materials within this facility, 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 violation of the fire code.
	9.  It is the understanding of the Board that item 9 is not a violation of the fire code.
	10.  The Board hereby grants the Applicants the time variance outlined in item 1 above in order to correct deficiency 10 by providing the existing egress system door jambs of this facility with approved solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	11.  It is the understanding of the Board that item 11 is not a violation of the fire code.
	12.  The Board hereby grants the Applicants the time variance outlined in item 1 above in order to correct deficiency 12 by providing the cited furnace of this facility with an approved remote shut-off switch.
	13.  It is the understanding of the Board that item 13 is not a violation of the fire code.
	14.  It is the understanding of the Board that the Applicants have corrected deficiency 14 by providing this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	15.  It is the understanding of the Board that item 15 is not a violation of the fire code.
	16.  (additional requirements 1).  The Board notes that the key access box cited by the Woonsocket Fire Marshals Office is a component of the State Fire Code along with being a part of the Woonsocket Code of Ordinances.  Accordingly, the Board hereby grants the Applicants the time variance outlined in item 1 above in order to correct this deficiency by providing this facility with an approved key access box, 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 Applicants 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 Applicants 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)].