The above-captioned case was originally scheduled for hearing on April 11, 2006 and a decision was subsequently issued in file number 060062.  As part of that decision, the Board directed the Applicant and the Fire Marshal's office to work together in good faith in order to resolve the remaining issues of the facility and to return to the Board with a plan of action on June 27, 2006.  Accordingly, the above captioned case was rescheduled for hearing on June 27, 2006 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  The motion passed over the opposition vote of Commissioner Burlingame with Commissioner Filippi abstaining.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 060062 as its initial findings of fact in this case.  The numbers of the Decision below correspond with those of a January 18, 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 June 27, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 18, 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.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved upgraded municipal fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office within a timetable approved by that office. 
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing an approved service and maintenance contract for the required fire alarm system within this facility.
	3.  During the June 27, 2006 hearing on this matter, the Board was advised that the Applicant was seriously considering the demolition of this facility and the reconstruction of a new ice rink within the next two (2) to three (3) years.  Accordingly, the Applicant has requested a time variance in order to either comply with the sprinkler requirement for this facility or to demolish the facility.  In light of the above, the Board hereby grants the Applicant a time variance until September 1, 2009 to either provide this facility with the approved sprinkler coverage or to demolish this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing exit signage for the corridors outside of the locker rooms.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved fire extinguishers as required.
	6.  The Board hereby grants a variance from the provisions of section 50.4.3.1 and 50.4.3.2 and its referenced standards in order to grant the Applicant relief from providing the cited cooking equipment with a suppression system conditioned upon the discontinuance of any commercial cooking within this facility.  Specifically, the above relief is conditioned upon the Applicants either removing the cited cooking equipment or disconnecting it at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of section 50.5.4 and its referenced standards in order to relieve the Applicant from the requirement of cleaning the exhaust systems of the cooking equipment on the condition that the cooking equipment is not used and either removed or disconnected as outlined in item 6 above.
	8.  The Board hereby grants a variance from the provisions of section 7.1.3.2 in order to allow the Applicant to maintain the cited older-style metal clad doors to the mechanical areas and storage rooms of this facility.  
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved emergency lighting in the cited corridors outside of the locker rooms.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by repairing the cited emergency lighting.
	11.  The Board hereby grants a variance from the provisions of RI Life Safety Code section 13.2.2.3 and its referenced standards in order to allow the Applicant to maintain the existing cited stair dimensions within this facility.  This variance is based upon structural hardship pursuant to the recommendation of the Woonsocket Fire Marshal's office.  
	12.  The Board hereby directs the Applicant to correct deficiency 12, on an as-needed basis, in accordance with the plan of action developed for this facility in conjunction with the Woonsocket Fire Marshal's office.  Specifically, the Applicant is directed to make any further corrections at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the cited storage under the stairs.
14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing its staff with approved crowd management training.
	15.  In light of the Applicants agreement to discontinue any type of cooking within this facility, the Board hereby grants a variance in order to allow the Applicant not to provide K-type extinguishers in the cooking area.
	16.  The Board hereby grants a variance from the provisions of section 7.1.3.2 and its referenced standards in order to allow the Applicant to maintain the existing construction and rating of the doors leading to the corridors of this facility.  In granting this variance, the Board directs the Applicant to provide the cited doors with approved closers at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	17.  The Board hereby grants a variance from the provisions of section 7.3.4.1 and its referenced standards in order to allow the Applicant to maintain the existing width of the locker room corridor servicing this facility.  In granting this variance, it is the understanding of the Board that this is a restricted area, not generally open to public access and that the obstructions within the corridor comprise part of the metal structural support of this facility and therefore cannot be altered.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 by providing the Woonsocket Fire Marshal's office with approved documentation of the fire rating of the vapor barrier located over the ice and seating area of this facility.  Accordingly, it is the understanding of the Board that the documentation establishes that the cited vapor barrier is in full compliance with the provisions of section 13.3.3.1 and its referenced standards.  Finally, the Board directs the Applicant to provide the Woonsocket Fire Marshal's office with any additional documentation deemed necessary by that office with regard to the interior finishes within this facility.
	19.  The Board hereby directs the Applicant to correct deficiency 19 by eliminating the plywood storage area in the corridors servicing the locker room areas of this facility.  
	20.  The Board hereby directs the Applicant to correct deficiency 20 by properly segregating the hazardous areas of this facility.
	21.  The Board hereby directs the Applicant to correct deficiency 21 by properly supervising all admissions to the facility in accordance with the provisions of section 13.7.5.3.
	22.  During the June 27, 2006 hearing on this matter, the Applicant requested that the Fire Marshal be authorized to temporarily increase the capacity of this facility in accordance with an approved plan of action for future graduation ceremonies and similar events.  Accordingly, the Board hereby grants the Woonsocket Fire Marshal's office the authority to increase the capacity of this facility, for future graduation ceremonies and similar limited events, in accordance with a full plan of action that, in the opinion of the Woonsocket Fire Marshal's office, provides for the complete safety of the occupants of this facility during the specific events.  The above plan of action may also include the posting of uniform firefighters on duty equipped with two-way radios and any other conditions deemed necessary by 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)].