The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Pearson and Preiss 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 Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Woonsocket Fire Marshals Office has classified this building as a three (3) story building in his original, January 25, 2005, inspection report.  The Board further finds that the facility is constructed of brick and masonry with a wooden faade.  The Board further finds that the Building is classified as Class B mercantile occupancy.  The Board further finds that the building is approximately 11,700 sq. ft. in total area.
	The Board further finds that the first floor is divided into a separate business consisting of a liquor store in the front and a cat shelter in the rear.  The Board further finds that this level maintains two means of egress with doors swinging out in the direction of exit travel.  The Board further finds that the first means of egress is on side A of the building, and the second exit is through the stock room into a shared exit with the floor above.
	The Board further finds that the second and third levels of the building are occupied by a single business selling adult merchandise.  The Board further finds that this business has two means of egress from the second story and that the third story has one direct exit to the outside.  The Board further finds that the second exit is a staircase from the second story exiting to a shared exit with the first story.
	The Board has been advised that the Applicant has corrected all of the fire code deficiencies in this building with the exception of the fire alarm system.  The Board has further been advised that the Applicant is seeking a variance to install a local fire alarm system without municipal connection.
	The Board notes that the only difference between a local fire alarm system and a municipally connected fire alarm system is the installation of a master box that provides direct communication between the local fire alarm system and the Woonsocket Fire Department.  The Board further notes that all new and existing three (3) story mercantile occupancies are required to install municipally connected fire alarm systems pursuant to the provisions of the Rhode Island Uniform Fire Code section 13.8.9.6.3.2.  The Board further notes that RIGL 23-28.25-1 mandated that the above fire alarm system be installed on or before July 1, 2005.  Finally, the Board notes that RIGL 23-28.3-9 provides a separate five hundred dollar (500.00) a day/six (6) month jail term penalty for each day of non-compliance with the provisions of the fire code.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	 During the August 22, 2006 hearing on this matter, it was the understanding of the Board that the Applicant sought review of the Woonsocket Fire Marshals determination that this facility was a three (3) story structure and therefore required a municipally-connected fire alarm system.  Alternatively, the Applicant requested outright relief from the requirement of providing the fire alarm system with municipal connection.
One of the Commissioners advised the Applicant that he was disinclined to support the Applicants request for relief from the municipal connection requirement in the absence of some non-monetary hardship in this case.  (Generally, the Board considers such requests based on structural hardship, historical significance and/or the need for additional time.)  However, the above Commissioner, in addressing the Applicants initial request, made a motion to authorize the Woonsocket Fire Marshal to conduct a second review of the building to determine whether it could be classified as three story building or a two story building.  This second review of the building was granted in light of the Woonsocket Fire Marshal advising the Board that, depending upon the surrounding grading, the building might be classified as a two story structure.
Accordingly, the Board hereby authorized the Woonsocket Fire Marshals Office to review the building and the surrounding grade to determine whether this building could be classified as a two (2) story structure and therefore only be required to provide a local fire alarm system.
(In light of the fact that the Applicant did not receive a time variance, or a waiver of the 500 dollar a day fines for not having a fire alarm system fully installed in accordance with RIGL 23-28.25-1, the Applicant may request that the file be re-opened in order to secure this additional relief.)

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)].