The above-captioned case was scheduled for hearing on April 21, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Filippi, Walker, Dias and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshal's Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard 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 March 2, 2006 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and Woonsocket Fire Marshals Office during the April 21, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 2, 2006 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of sixty (60) days from the hearing date in order to design and secure approval of the fire alarm system plans and an additional 120 days to upgrade the fire alarm system and bring it into compliance at the direction and to the satisfaction of the State Fire Marshal's office.  The State Fire Marshal is further granted the authority to extend the above deadlines for good faith efforts being shown by the Applicant.
	2-4.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to correct deficiencies 2, 3 and 4 at the direction and to the satisfaction of the State and Woonsocket Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of the hearing in order to submit a plan of action and secure approval by the State Fire Marshal's office for the correction of deficiency 6.  The Board hereby grants the Applicant an additional 120 days in order to fully comply with the above plan of action at the direction and to the satisfaction of the State Fire Marshal's office.
	7-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9, 10, 11, 12, and 13 at the direction and to the satisfaction of the State Fire Marshal's office.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing approved exit signage and emergency lighting throughout this facility at the direction, to the satisfaction and within a timetable established by the State and Woonsocket Fire Marshal's office.
	15.  The Board hereby directs the Applicant to correct deficiency 15.  The Board grants the Applicant a time variance of sixty (60) days from the date of this hearing in order to prepare and submit for approval a plan of action for the correction of deficiency 15.  The Board further grants the Applicant an additional 120 days in order to implement the above plan and grants the State Fire Marshal's office the authority to extend the above deadlines for good faith efforts being shown by the Applicant.
	16-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 16 and 17.
	18.  The Board hereby grants a variance in order to allow the Applicant to utilize the fire escape over the combustible roof with conditions.  Specifically, the Applicant is directed to provide an approved steel walkway over the roof installed at the direction and to the satisfaction of the State Fire Marshal's office.  The Applicant is hereby granted a time variance of sixty (60) days from the date of the hearing in order to develop and submit plans for the fire escape walkway across the combustible roof.  The Applicant is further granted an additional 120 days in order to implement these plans.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19.
	20.  During the April 21, 2009 hearing on this matter, the Board was advised that the Applicant had corrected approximately 80 of the cited deficiency and that the remainder would be completed in the near future.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days in order to correct the remainder of deficiency 20.
	21.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the existing width of the cited door leading to the fire escape in the UVII paint room.  This variance is based on limited occupancy.
	22-23.  It is the understanding of the Board that the Applicant has corrected deficiencies 22 and 23 at the direction and to the satisfaction of the State and Woonsocket Fire Marshal's offices.
	24.  The Board hereby grants a variance from the provisions of section 40.2.5 and its referenced standards in order to allow the Applicant to maintain the existing dead end cited on the fourth floor of this facility.  In granting this relief, the Board understands and directs that there shall be only four (4) employees in this area and that there shall not be any public access.  In addition, the Board hereby grants the Applicant a time variance of sixty (60) days in order to develop and implement a plan of administrative control over the area to the satisfaction of the State Fire Marshal's office.  Specifically, the Applicant could institute a tag-out policy or similar policy which would ensure that the whereabouts of the occupants of this area would be clearly known at any given period of time.
	25-27.  It is the understanding of the Board that the Applicant has corrected deficiencies 25, 26 and 27 at the direction and to the satisfaction of the State Fire Marshal's office.
	28.  At the request of the parties, the Board shall maintain this as an open file until the buildings are brought into full compliance.

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)].