The above-captioned case was scheduled for hearing on March 6, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Newbrook, Preiss, Pearson, Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 an October 18, 2005 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 March 6, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the October 18, 2005 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 thirty (30) days from the date of this decision in order to properly test the municipally connected fire alarm system within this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to present his plans for the installation of a sprinkler system to the Authority Having Jurisdiction.  The Board hereby grants the Applicant an additional 120 days to install the sprinkler system.  The Board further grants the Woonsocket Fire Marshal's office the authority to extend the above deadline for good faith effort shown.  The Board hereby directs the Applicant to reduce the occupancy of this facility to 290 people until such time as the sprinkler system is installed and tested and approved by the Woonsocket Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the Woonsocket Fire Marshal's office with an approved floor diagram of this facility. 
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide this facility with an approved Class K fire extinguisher in the kitchen.  
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the Woonsocket Fire Marshal's office with approved certification of the cleaning of the stove hood.
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to repair and/or replace all of the emergency lights within this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 with regard to upgrading the exit signage.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 with regard to the exit door maintenance.
	9.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to provide for approved testing of the fire suppression systems within this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board further provides the Woonsocket Fire Marshal's office with the authority to extend the above deadline for good cause shown.
	10.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to repair and/or replace the fire suppression system for the commercial cooking needs of this facility 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 this deadline for good faith efforts shown.
	11.  (Second deficiency 8 on October 18, 2005 report)  The Board hereby directs the Applicant to correct deficiency 11 by providing both exit door stairs on side B with an approved hand rail within thirty (30) days of the date of this decision.
12.  (Additional requirements)  It is the understanding of the Board that the Applicant has disconnected the extension cord to the pellet stove within this facility.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in order to properly fire rate the vertical opening to the apartment of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.

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)].