The above-captioned case was originally scheduled for hearing on February 3, 2004 at 1:00 pm and the Applicant was thereupon granted a variance to allow twenty-three (23) occupants to sleep in this facility on an emergency shelter basis in accordance with the Boards guidelines.  The Applicant thereupon returned requesting an increase in occupancy of this building due to increased demand, and that case was scheduled for hearing on January 25, 2005.  At that time, the Applicant was granted the authority to increase the occupancy of this facility to forty (40) people, which would include 38 homeless men and 2 staff members.  This relief was granted pursuant to a plan of action outlined in the Boards decision in file number 040029A.  
The Applicant has now returned requesting an additional increase in the occupancy of this facility due to an anticipated increased demand.  The Applicant has reviewed this request with the Woonsocket Fire Marshal's office and that office had no objection in light of the fact that this facility is fully sprinklered and that the Applicant would comply with all of the original directives in file numbers 040029 and 040029A.  This most recent hearing was thereupon scheduled for October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Pearson, Walker, Jackson, Preiss and Blackburn were present.  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 Dias and seconded by Commissioners Filippi and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 040029 and 040029A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant wishes to increase the occupancy of this facility now to fifty (50) people which would include 48 male residents and 2 staff members.  The Board further finds that this facility is fully sprinklered and that the Woonsocket Fire Marshal's office has no objection to this requested relief based on the past several years of monitoring the activities of this facility.
	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.  The Board hereby modifies its original decisions in the above captioned case in order to allow the Applicant to maintain a total occupancy of fifty (50) individuals in its emergency care facility consisting of 48 male residents and 2 staff members.  In granting this relief, the Board would further allow the Applicant to maintain battery smoke and carbon monoxide detectors throughout this facility in conjunction with the full sprinkler system installed within this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  It is the further understanding of the Board that the Applicant shall maintain approved emergency lights and exit signage along with a complete fire alarm system covering this entire facility and that there shall be no cooking except for microwave heat-up and no smoking within this facility.  Finally, as a condition of this relief, the Board directs that any time the occupancy of this facility is anticipated to exceed forty (40) individuals, the Woonsocket Fire Marshal and Woonsocket Deputy Chief are to be notified and advised of this increased occupancy.  In all other respects, the Applicant is directed to comply with the prior decisions and safeguards established by the Woonsocket Fire Marshal's office for 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)].