The above-captioned case was scheduled for hearing on October 18, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richards, Blackburn, Newbrook, Evans, Burlingame and OConnell 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 Blackburn and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Evans.

FINDINGS OF FACT
	The Board finds this facility to be a one-story masonry and wood constructed building, built prior to 1968.  At the time of the initial inspection the building housed five (5) occupants (a paintball/hobby shop, a place of religious worship, hair salon, small diner (less than 50) and a small Southeast Asian food restaurant (less than 50)).  The Board further finds that each unit has its own dedicated entry/exit door which opens with egress and discharges at the level of exit discharge.  All occupancies also have a rear door which discharges at the level of exit discharge.  There are emergency lights which need to be maintained and exit signage except for the unit that housed the hobby/paintball store.  The Board further finds that fire extinguishers are located in all of the occupancies, however the building lacks a fire alarm system and a lock box.  Finally, the Board finds that the diner and the Asian restaurant both have commercial cooking facilities with hood and wet suppression systems.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the October 18, 2005 hearing on this matter, the Board was advised by the owners representative that the owner was in the process of installing a fire alarm system within this facility.  The Board was further advised and finds that, since the January 26, 2004 inspection, the Applicant has been promising the Woonsocket Fire Marshals office that a fire alarm system will be installed.  When the Applicants representative appeared before the Board, it was the Boards understanding that the system could be quickly installed.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the October 18, 2005 hearing date in which to complete the installation of the fire alarm system, at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.  Accordingly, if the Applicant installs the required fire alarm system within the above time frame, all fines and penalties shall be waived during this period of non-compliance.

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)].