The above-captioned case was scheduled for hearing on August 8, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss and Filippi 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 Vice Chairman Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 17, 2005 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 August 8, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the March 17, 2005 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 
	1-4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to develop plans for the correction of deficiencies 1, 2, 3 and 4.  The Board hereby grants the Applicant an additional 120 days from the above thirty day period for the completion of the plan of action to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	5.  It is the understanding of the Board that number 5 is not a deficiency.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	7.  The Board hereby grants the Applicant the time variance referenced in items 1 through 4 above in order to correct deficiency 7 at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	8-9.  It is the understanding of the Board that items 8 and 9 are not deficiencies under the State Fire Code for this particular facility.
	10.  It is the understanding of the Board that the Applicant has corrected the doors within deficiency 10.  However, the Board hereby directs the Applicant to provide the subject doors with approved spring loaded hinges, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal in accordance with the timetables outlined in items 1-4 and 7 above.
	11.  It is the understanding of the Board that item 11 is not a deficiency under the Code.
	12.  The Board hereby grants the Applicant the same time variance as outlined in items 1-4 above in order to correct deficiency 12 by providing the boiler with an approved remote shut-off switch installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's office.
	13.  It is the understanding of the Board that item 13 is not a deficiency under the Code.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved portable fire extinguishers.
	15.  It is the understanding of the Board that item 15 is not a deficiency under the Fire Code.

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)].