The above-captioned case was scheduled for hearing before a subcommittee of the Board on September 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioner Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.
The subcommittee recommendations were thereupon presented to the full Board on September 21, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Blackburn, Preiss and Jasparro were present.  A motion to approve the subcommittee recommendations was made by Commissioner Jasparro and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination outlined below has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 18, 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 September 16, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 18, 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 in order to develop and submit a plan of action for the correction of deficiency 1.  The Board further grants the Applicant an additional 120 days in order to implement the plan of action by providing this facility with an approved local fire alarm system at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Woonsocket Fire Marshals Office is authorized to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	2-4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 2, 3 and 4 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	6.  During the September 16, 2010 subcommittee hearing on this matter, the Board was advised that the subject facility is a conversion of a mansion into multi-family units.  The Board was further advised that the Applicant was planning to utilize a vestibule space/closet for a pipe chase.  The Board was further advised that the Woonsocket Fire Marshals Office had no objection provided that the Applicant would infill the piping to prevent a fire from spreading floor to floor.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to utilize the above space as a pipe chase in accordance with a plan of action by the Woonsocket Fire Marshals Office to prevent fire from spreading from level to level through these open spaces.  Accordingly, the Board hereby directs the Applicant to make the above corrections within the timetable established in item 1 above.
	7.  The Board hereby grants the Applicant a time variance as outlined in item 1 above in order to correct deficiency 7 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	8-9.  It is the understanding of the Board that items 8 and 9 are not deficiencies under the fire code.
	10.  It is the understanding of the Board that the Applicant has corrected the majority of the deficiencies outlined in item 10 by providing the existing door jambs with approved twenty-minute doors.  However, the Applicant has historic doors which the Applicant will now need to correct at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  During the hearing, the acting chairman advised that the Applicant could utilize 1 3/8 solid core doors with offset hinges in order to address an existing 1 1/8 door jamb.  Accordingly, the Board hereby directs the Applicant to correct the remaining historic doors within this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the timetable established in item 1 above.
	11.  It is the understanding of the Board that item 11 is not deficient.
	12.  The Board hereby grants the Applicant the time variance as outlined in item 1 above in order to correct deficiency 12 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	13.  It is the understanding of the Board that item 13 is not a deficiency.
	14.  The Board hereby directs the Applicant to correct deficiency 14 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	15.  It is the understanding of the Board that item 15 is not applicable.
	16.  (additional requirements)  It is the understanding of the Board that the first additional requirement has been addressed by the variance outlined in item 6 above.  It is the further understanding of the Board that the carpeting referenced in the additional requirements will be addressed by the Applicant by providing the Woonsocket Fire Marshals Office with certification of the carpeting to be installed in this facility.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).