The above-captioned case was scheduled for hearing on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Pearson, Preiss, Blackburn, Dias and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent and Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 4, 2010 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Woonsocket Fire Marshals Office and the State Fire Marshals Office during the February 8, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 4, 2010 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.  (10-2437-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited heat detection.  The Board notes that the Fire Marshal will verify compliance with this item.
	2.  (10-2459-VN).  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 for the correction of deficiency 2.  The Board further grants the Applicant an additional 150 days in order to implement the above plan, at the direction and to the satisfaction of the Fire Marshal.
	3.  (10-2400-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited dimension of the exit discharge to the public way.  This variance is based upon structural hardship.
	4.  (10-2448-VN).  During the February 8, 2011 hearing on this matter, a question arose as to whether it would be possible to correct deficiency 4 by increasing the cited headroom within this facility.  Accordingly, the Board hereby grants a variance in order to allow the State Fire Marshals Office to approve the existing headroom conditioned upon the Applicants securing review by a licensed professional engineer or contractor to determine the structural feasibility of correcting this deficiency.  Accordingly, if the State Fire Marshals Office is satisfied upon the above review that the deficiency represents a significant structural hardship, the State Fire Marshals Office is hereby authorized to grant the Applicant relief.
	5.  (10-2467-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 5 and that the State Fire Marshals Office shall verify this correction.
	6.  (10-2435-VN).  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 6 at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  (10-2456-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing domestically supplied sprinkler heads over the boilers of this facility.  It is the further understanding of the Board that the State Fire Marshals Office shall verify this correction.
	8.  (10-2432-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 8 by properly marking and locking the fire alarm circuit breaker.
	9.  (10-2438-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 9.  It is the further understanding of the Board that the State Fire Marshals Office shall verify this correction.
	10.  (10-2434-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit a plan of action and 150 additional days to comply with the plan of action for the correction of deficiency 10 by providing the interior stairway with approved smoke detection at the direction and to the satisfaction of the State Fire Marshals Office.
	11.  (10-2433-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing the fire alarm panel with a 24 hour emergency telephone number.
	12.  (10-2465-VN).  The Board hereby grants the Applicant the time variance outlined in item 10 above in order to correct deficiency 12 at the direction and to the satisfaction of the State Fire Marshals Office.
	13.  (10-2436-VN).  The Board hereby grants the Applicant the time variance outlined in item 10 above in order to correct deficiency 13 at the direction and to the satisfaction of the State Fire Marshals Office.
	14.  (10-2446-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 14 and that the State Fire Marshals Office shall verify this correction.
	15.  (10-2511-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the full glass panels and door of the common corridor on the first floor main office area of this facility.  As a condition of this variance, the Board directs the Applicant to provide two (2) sprinkler heads in this area, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that this variance is based upon security hardship.  Finally, the Board notes that the second floor common corridor exterior windows have been noted for informational purposes only and are not a violation of the State Fire Code.
	16.  (10-2453-VN).  The Board hereby authorizes the State Fire Marshals Office to approve a variance for the winding interior stairways of this facility after the State Fire Marshals Office has received confirmation that a licensed contractor or other professional has reviewed this cited stairway and confirmed the structural hardship.
	17.  (10-2464-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 17 at the direction and to the satisfaction of the State Fire Marshals Office.
	18.  (10-2443-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 18 at the direction and to the satisfaction of the State 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 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)].