The above-captioned case was scheduled for hearing on August 4, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Jackson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the  Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Filippi 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 20, 2006 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 August 4, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 20, 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, 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 
	1-14.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action for the correction of any deficiencies that remain outstanding as outlined in items 1 through 14 of the March 20, 2006 inspection report.  The Board grants an additional time variance of 120 days in which to allow the Applicant to implement the above plan of action.  Finally, the Woonsocket Fire Marshal's office is authorized the above time lines for good faith efforts being shown by the Applicant.
	15.  During the August 4, 2009 hearing on this matter, the Board reviewed the status of this facility to determine whether or not limited sprinkler coverage would be required.  The Board was advised and finds that there are three (3) stairs within this facility including rear exterior stairs.  The board was further advised and finds that the uppermost attic level of this facility is unoccupied and shall remain unoccupied.  The Board notes that while portions of this facility could be considered four-story, the existing exterior stairway configurations could be utilized to rapidly evacuate the upper levels of this facility.  The Board further finds that if the above stairs were equipped with approved covers, they would allow for more secure egress travel.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain this facility without egress system sprinkler coverage, provided the Applicant installs covers over the existing rear exterior stairs at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within the time frames outlined above.  The Board further notes that the Woonsocket Fire Marshal's office shall have the ability to extend the above time frames for good faith efforts being shown by the Applicant.

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)].