The above-captioned case was scheduled for hearing on August 4, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Jackson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Jasparro 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 an April 11, 2006 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 August 4, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with an approved key access box at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing a current inspection of the fire alarm system within this facility.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the cited doors with approved self-closing devices.
	5.  It is the understanding of the Board that item 5 is moot in that there is no longer a rooming house occupancy within this facility and therefore not a requirement for a single station AC smoke alarms in the sleeping rooms.
	6.  See item 5 above.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with approved exit signage.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved emergency lighting.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved and properly inspected and certified portable fire extinguishers.
	10.  During the August 4, 2009 hearing on this matter, the Board was advised that there may be a question as to whether or not the Applicant had complied fully with deficiency 10.  Accordingly, the Board hereby directs the Applicant to correct any remaining portion of deficiency 10, if any, at the direction, to the satisfaction and within a timetable established by the Woonsocket Fire Marshal's office.
	11.  During the August 4, 2009 hearing on this matter, the Board was advised that the Applicant had corrected the dance studio door and that this door currently swings in the  direction of egress travel.  The Board hereby grants the applicant a time variance to correct any remaining doors throughout this facility that the Woonsocket Fire Marshal's office deems necessary to be re-swung in the direction of egress travel.  Specifically, if the Woonsocket Fire Marshal's office is satisfied that the door is appropriate, then the Board shall be satisfied.
	12.  As outlined in item 11 above, if doors are to be re-swung, and if panic hardware is called for, then the Applicant is directed to provide any additional panic hardware deemed necessary by the Woonsocket Fire Marshal's office within a timetable established by that office.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by covering certain glass units within the egress system with approved double 5/8 sheetrock.  The Board hereby directs the Applicant to correct any remaining deficiencies in item 13 if necessary, at the direction, to the satisfaction and within a timetable established by the Woonsocket Fire Marshal's office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing the cited boiler room with an approved rating.
	15 (additional requirement 1).  It is the understanding of the Board that the Applicant has corrected this deficiency by providing the cited boiler with an approved remote shut-off switch, at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	16.  At the close of the August 4, 2009 hearing, the Board advised the Applicant and the Woonsocket Fire Marshal's office that if any additional deficiencies were to manifest themselves within this facility, that the Applicant could correct those deficiencies at the direction, to the satisfaction and within a timetable established by the Woonsocket Fire Marshal's 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)].