The above-captioned case was scheduled for hearing on October 4, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Pearson 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 Newbrook and seconded by Commissioner Blackburn 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 April 7, 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 October 4, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this State Fire 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.  Deficiency 1 outlines the fifteen-point plan as set forth in RI Life Safety Code section 31.1.1.3.  During the hearing, the Board was advised that the fire alarm system in this facility is currently in compliance with the code.  The Board hereby grants the Applicant a time variance of fifteen (15) days from the date of this decision in which to provide both the business and the apartment occupancies of this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  The Board further grants the Applicant a time variance of 120 days from the date of this decision in order to correct the remaining deficiencies cited under the fifteen-point plan.  With regard to sprinkler coverage for sleeping above the third level, the Board has been advised that the Applicant may abandon the bedroom on the fourth floor and utilize it as other living space.  Accordingly, the Board hereby grants the Applicant a time period of thirty (30) days from the date of this decision in which to present the Woonsocket Fire Marshals office with a plan for abandoning the bedroom on the fourth floor of this facility.  The Board thereupon directs the Applicant to either abandon the bedroom on the fourth floor of this facility or to provide this facility with approved sprinkler coverage, as outlined in the fifteen-point plan, within 120 days of the date of this decision.
	Additional requirements
	1.  The Board hereby directs the Applicant to correct deficiency 1 of the additional requirements by utilizing one of three options at the direction and to the satisfaction of the Woonsocket Fire Marshal.  The Applicant may provide an approximate two-hour separation between the occupancies, at the direction and to the satisfaction of the Woonsocket Fire Marshals office, or the Applicant may provide this facility with an approved municipally connected fire alarm system, or the Applicant may fully sprinkler this facility.  Accordingly, the Applicant is directed to correct deficiency 1 of the additional requirements by utilizing one of the above three (3) methods, at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by properly marking the means of egress, at the direction and to the satisfaction of the Woonsocket Fire Marshals office within 120 days of the date of this decision.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the occupancies of this facility with approved fire extinguishers, at the direction and to the satisfaction of the Woonsocket Fire Marshals office, within fifteen (15) days of the date of this decision.
	5.  The Board hereby directs the Applicant to correct deficiency 5 at the direction and to the satisfaction of the Woonsocket Fire Marshals office within 120 days of the date of this decision.

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)].