The above-captioned case was scheduled for hearing on August 24, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the August 24, 2004 hearing on this matter, the Board was advised that this facility had previously been granted a variance in file number 010050 and that a certificate of compliance had been issued to this building on April 1, 2003 by the Woonsocket Fire Marshal’s office.  However, the building was re-inspected under the new code and issues of door swing and fire alarm upgrade were brought to the attention of the Applicant.  The Applicant has come before the Board requesting relief from the existing door swing of three (3) egress doors in this facility and time to upgrade the fire alarm and emergency lighting system.  The Applicant has further advised the Board that he will fully comply with the remaining fifteen point plan of action for this facility as outlined in chapter 31 of the new fire code.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby reaffirms the original variances to allow the Applicant to maintain the existing swing of the three (3) egress doors leading from this facility.  The Board further grants the Applicant a time variance to upgrade the fire alarm and emergency lighting of this facility at the direction and to the satisfaction and within a timetable established by the Woonsocket Fire Marshal’s office.  Finally, as a condition of the above relief, the Applicant is directed to immediately correct any remaining deficiencies outlined in the fifteen point plan of action as outlined in section 31.1.1.3 of the new fire code.
 
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 Applicant’s 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 Board’s 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 Board’s 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)].