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 April 11, 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 April 11, 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 which to prepare and submit a plan of action for the correction of deficiency 1 and an additional 120 days in which to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Board hereby authorizes the Woonsocket Fire Marshals Office to extend either or both of the above timelines 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 item 5 is not a deficiency under the code.
	6.  It is the understanding of the Board that the Applicant has corrected the first part of deficiency 6 by repairing the cited holes in the plaster walls.  The Board hereby directs the Applicant to correct the remainder of deficiency 6 by properly blocking off and rating the small window in the third floor egress stairs at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the time table outlined in item 1 above.
	7-10.  It is the understanding of the Board that items 7, 8, 9 and 10 are not deficiencies under the code.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	12-13.  It is the understanding of the Board that items 12 and 13 are not deficiencies under the code.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14.
	15.  It is the understanding of the Board that item 15 is not a deficiency.
	16.  (additional requirements)  The Board hereby grants the Applicant the time variance outlined in item 1 above in which to correct the remaining items listed under additional requirements in the April 11, 2007 inspection report.

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)).