The above-captioned case was scheduled for hearing on May 4, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard 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 Walker and seconded by Commissioner Richard to approve the Applicant's April 22, 2010 plan of action for the correction of the deficiencies within this facility.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 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 May 4, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the December 11, 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 
	1-20.  The Board hereby approves and incorporates by reference the Applicant's attached April 22, 2010 proposed plan of action, proposal for sprinklers and proposed time frames for this facility.  Specifically, the Applicant is hereby granted a variance in order to correct the deficiencies within this facility in accordance with the above incorporated April 22, 2010 documents.  In granting this relief, it is the understanding of the Board that the Woonsocket Fire Marshal's office has had an opportunity to review the plan of action and is in general support of its provisions.  Finally, the Board notes that the plan of action addresses both the immediate needs of the facility and provides the Applicant with reasonable time in which to bring the full facility into compliance with 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)].