The above-captioned case was scheduled for hearing on July 13, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jackson, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Morin of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Dias, Jasparro and Jackson 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 a September 27, 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 July 13, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 27, 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 
	1-5.  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 deficiencies 1, 2, 3, 4 and 5 and an additional 120 days to implement the plan of action by correcting deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board further grants the Woonsocket Fire Marshal's office the ability to extend the above deadlines for good faith efforts being shown by the Applicant.  Finally, the Board notes that deficiency 1 in this report should reflect the need for a municipal fire alarm system and is hereby amended in this decision to require the Applicant to provide this facility with an approved municipally connected fire alarm system in light of the fact that the total square footage of this facility is 15,508 square feet.
	6.  During the July 13, 2010 hearing on this matter, the Board was advised that there were two (2) rear exit doors of this facility.  The Board was further advised that re-swinging of the lower exit door could create a hazardous condition.  Accordingly, the Board hereby grants a variance from the provisions of section 37.2.2.2.9 in order to allow the Applicant to maintain the existing swing of the rear exit door located at grade.  In granting this variance it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection.
	With regard to the rear exit door serving the upper level of this facility, and utilizing an existing exterior stair to the grade, the Board directs the Applicant to properly swing the second door servicing the upper level and to further bring the egress platform and stairway to grade into compliance with the building code at the direction and to the satisfaction of the Woonsocket Fire Marshal and the Woonsocket Building Official.
	7.  The Board hereby directs the Applicant to correct deficiency 7 as outlined in item 6 above and to further provide the cited rear exits with approved exit signage, emergency lighting and door swing in the case of the rear exit door servicing the upper level of this facility.
	8.  The Board hereby directs the Applicant to correct deficiency 8 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within the timelines outlined in items 1 through 5 above.
	9.  The Board hereby directs the Applicant to correct the additional requirement of providing the oil-fired boiler within the basement of this facility with an approved remote shut-off switch, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within the timelines outlined in items 1 through 5 above.

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)].