The above-captioned case was scheduled for hearing on February 23, 2010 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Dias, Filippi, Walker, Blackburn and Preiss 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 Filippi 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 24, 2007 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 February 16. 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 2007 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the installation of an approved local fire alarm system in this facility and an additional 120 days in which to implement these plans and provide this facility with an approved local fire alarm system.  The above fire alarm system shall be installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office who shall have the authority to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved smoke and carbon monoxide detection at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	3.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	4.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to provide this facility with approved exit signage installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	5-6.  It is the understanding of the Board that item 5 and 6 are not deficiencies within this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the required Class A flame spread rating.
	8-9.  It is the understanding of the Board that items 8 and 9 are not considered deficiencies within this facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the cited approved solid core or steel doors, maintaining an approximate fire rating of twenty (20) minutes.
	11.  It is the understanding of the Board that item 11 is not a deficiency within this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing the cited furnace with an approved remote shut-off switch.
	13.  It is the understanding of the Board that item 13 is not applicable to this facility.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved portable fire extinguishers.
	15.  It is the understanding of the Board that item 15 is not applicable to this facility.
	16.(additional requirement 1).  The Board hereby grants the Applicant a time variance as outlined in item one above in order to provide this facility with an approved key lock box installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	17. (additional requirement 2).  The Board hereby directs the Applicant to remove the cited cooking appliances from the porches of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office and to maintain the porches of this facility free of all outdoor cooking appliances in the future.

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)].