This case was originally heard by the Board on March 2, 2004 at 1:00 P.M.  At that time the Board voted to hold this file open while the Applicant and the Johnston Fire Marshal’s office reviewed the seating capacity for the facility and developed a joint plan of action for the installation of sprinkler coverage within this facility.  During this period, the Board further held additional fire code requirements such as the “occupancy adjustment” in abeyance.  Finally, the Board directed the Applicant and the Johnston Fire Marshal’s office to notify it upon conclusion of this review.  

The above-captioned case was most recently scheduled for hearing on November 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, O’Connell, Filippi, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Jasper of the Johnston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT

The Board hereby relies on its original findings of fact in file number 040035 as its initial findings of fact in this case.  The Board further finds that the Applicant and the Fire Marshal have returned to report on their plan of action.  The Board further finds that the Applicant and the Johnston Fire Marshal’s office are developing a seating capacity layout that would provide approximately seventy four (74) inches between tables.  The Board further finds that the Applicant and the Johnston Fire Marshal’s office have agreed that any occupancy of this building over six hundred (600) would be provided with a voluntary detail.  The Board was further advised and finds that between fifty (50%) and sixty (60%) percent of the sprinkler design has been completed by the Applicant and that the parties planned to have the seating plan developed within thirty (30) days.  The Board further finds that the Applicant and his engineer had to conduct a flow test and that they plan to conduct the flow test within forty five (45) days.  Finally, the Board finds that this facility is completely protected by an approved municipally connected fire alarm system.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a time variance of forty-five (45) days from the date of this decision in which to provide the Johnston Fire Marshal’s office with completed seating plans and the results of the flow test for the sprinkler system of this facility.  The Board grants the Applicant an additional forty-five (45) days after submission of the seating plan and the flow test, in which to provide the Johnston Fire Marshal’s office with completed plans outlining the sprinkler system within this facility.  Accordingly, the Applicant shall have a total of ninety (90) days from the date of this decision in which to submit final sprinkler plans to the Johnston Fire Marshal’s office for approval for the installation of an alarm system within 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 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)].