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 and OConnell were present.  Commissioner Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Preiss and Burlingame.
FINDINGS OF FACT
	The decision below addresses deficiencies outlined in a July 28, 2004 initial plan review 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 July 28, 2004 initial plan review 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 hereby grants a variance from the provisions of sections 7.2.1.2.4 and 7.2.2.2.1(b) in order to allow the Applicant to utilize the cited doorway accessing the second stairway and the second stairway itself as a means of egress from the third floor fitness/recreation area of this facility.  In granting this variance, the Board directs the Applicant to provide the stairway with appropriate compartmentalization, at the direction and to the satisfaction of the Woonsocket Fire Marshals office, with approved fire doors.  Finally, the Board directs the Applicant to proceed through the architectural phase of this project with the Woonsocket Fire Marshals office, and to comply with all of the corrections necessary for the occupancy of this building within one (1) year of the date of this decision.  The Board hereby authorizes the Woonsocket Fire Marshals office to approve any occupancy requested by the Applicant pursuant to any conditions the Woonsocket Fire Marshal's office wishes to propose.

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)].