The above-captioned case was scheduled for re-hearing on April 12, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby adopts its original findings of fact in file number 030104 as its findings of fact in this case.  In addition, the Board finds that the current Applicant does not plan to use the assembly area on the second floor, but does wish to utilize the office and bathroom on that level.  The Applicant was working with the State Fire Marshal’s office in the development of a plan of action with the above restrictions.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 13.3.5.1 in order to allow the Applicant to limit the assembly occupancy to the first floor of this facility and to maintain that occupancy at 142 people.  Accordingly, a sprinkler system would not be required for this facility.
	
2.  It is the understanding of the Board that, with the above restriction, the fire alarm system of this facility would be in compliance with the code.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing the cited furnace with an approved one-hour enclosure, at the direction and to the satisfaction of the State Fire Marshal’s office. 
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing all of the wood paneling in this facility with an approved flame spread rating, installed at the direction and to the satisfaction of the State Fire Marshal’s office.
	
5.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to provide the second level with an approved stairway leading to the outside, installed at the direction and to the satisfaction of the State Fire Marshal’s office.
	
6.  The Board hereby directs the Applicant to correct the remaining portions of deficiency #6 by providing the attic with an approved door, installed at the direction and to the satisfaction of the State Fire Marshal’s office, within sixty (60) days of the date of this decision.
	
7.  In light of the elimination of the assembly occupancy from the second level of this facility, It is the understanding of the Board that item #7 is no longer a violation of the state fire code.
	
8.  The Board shall hereby maintain this as an open file in the event that the Applicant or the State Fire Marshal’s office has additional questions or requests.

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 Applicant’s 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 Board’s 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 Board’s 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)].