The above-captioned case was scheduled for hearing on February 7, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Filippi, OConnell and Newbrook 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 Blackburn and seconded by Commissioner Burlingame 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 December 8, 2004 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 February 7, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 8, 2004 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 Authority Having Jurisdiction (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 notes that the assembly occupancy of this facility has been vacated and currently there exists a mercantile occupancy.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision, and any additional time deemed necessary by the Woonsocket Fire Marshal, in order to bring the fire alarm system of this facility into full compliance with the code.
	2.  The Board hereby grants the Applicant a variance in order to limit the sprinkler system of this facility to the mercantile occupancy and throughout the egress system servicing the residential occupancy of the second floor with one (1) sprinkler head placed within the entrance of each unit.  The Board notes that currently the third floor shall remain vacant.  Accordingly, the Board also grants the Applicant a time variance of 120 days to return with a plan of action addressing the proposed comprehensive sprinkler coverage of this facility incorporating the above relief.  As a condition of this relief, the third floor shall remain vacant until it is either brought into compliance with the code or the approved plan of action outlined above.
	3.  The Board notes that there is currently no separation of occupancies and hereby grants a variance in light of the Applicants providing this facility with approved sprinkler and fire alarm coverage.  
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly enclosing the elevator of this facility and assuring that it will not be used and to further remove all combustibles within the stair tower of this facility.  
	5-8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 5, 6, 7 and both deficiencies listed as item 8, at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	9.  The Board hereby directs the Applicant to address the hazards presented in deficiency 9 by providing partial sprinkler coverage in the boiler room, at the direction and to the satisfaction of the Woonsocket Fire Marshals office within 120 days of the date of this decision.
	10-12.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 10, 11 and 12 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	13.  It is the understanding of the Board that deficiency 13 is currently moot because the cited restaurant has been removed from this facility.

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)].