The above-captioned case was scheduled for hearing before a subcommittee of the Board on at 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 Francis Dunton of the Woonsocket Fire Marshal's 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 a June 1, 2005 inspection report compiled by the Woonsocket Fire Marshal's Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal's Office during the September 16, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the June 1, 2005 inspection report as its initial findings of fact.  Any modification of the Board's 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.  It is the understanding of the Board that item 1 is not a deficiency under the State Fire Code.
	2.  It is the understanding of the Board that item 2 is not applicable to this particular facility.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present a plan of action for the correction of deficiency 3 to the Woonsocket Fire Marshal's Office.  The Board further grants the Applicant an additional 120 days from the above period in which to correct deficiency 3 by repairing and maintaining the cited emergency lighting units, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.  Finally, the Board hereby authorizes the Woonsocket Fire Marshal's Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	4.  It is the understanding of the Board that item 4 is not a deficiency under the State Fire Code.
	5.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 5 by providing the Woonsocket Fire Marshal's Office with documentation that all doors within the means of egress have an approximate fire rating of twenty (20) minutes and are further equipped with self closing devices.
	6.  The Board hereby grants the Applicant a time variance as outlined in item 3 above in order to correct deficiency 6 at the direction and to the satisfaction of the Woonsocket Fire Marshal.
	7.  The Board hereby grants the Applicant a time variance as outlined in item 3 above in order to correct deficiency 7 at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
	8.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing ramp that leads to the Side C egress door from the food pantry which is only seventy-six inches (76") in floor to ceiling height.  This variance is granted on the basis of structural hardship in the absence of an objection by the Woonsocket Fire Marshal's Office.
	9.  The Board hereby grants the Applicant a time variance as outlined in item 3 above in order to correct deficiency 9 by providing this facility with approved "No Smoking" signs.
	10.  It is the understanding of the Board that item 10 is not a deficiency under the State Fire Code.
	11.  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 11 by utilizing one of the stated options for the protection of the boiler room.
	12.  It is the understanding of the Board that item 12 is not a deficiency under the State Fire Code.
	13.  It is the understanding of the Board that item 13 is not a deficiency under the State Fire Code.
	14.  The Board hereby directs the Applicant to correct deficiency 14 within the time frame outlined in item 3 above by providing the stove hood with an approved cleaning tag at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
	15.  It is the understanding of the Board that item 15 is not a deficiency under the State 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 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)).