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 Vice Chairman Newbrook and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 1, 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 December 1, 2006 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 
	1-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of deficiency 7 by providing approved separation at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in which to implement its plan of separation.  Finally, the Board shall leave this file open in the event the parties need to return to review the plan of separation or to request additional time for implementation.
	8.  The Board hereby grants a variance from the provisions of section 26.3.4 and its referenced standards in order to allow the Applicant to maintain the thick original sleeping room doors of this facility as appropriate separation from the primary means of egress.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by sealing off the cited louvered panels for the bathrooms of this facility.  The Board hereby grants the Applicant the same time as outlined in item 7 above to make these corrections.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing this facility with an approved key access box.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited storage from the stairway and landing areas.

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)].