The above-captioned case was scheduled for hearing on March 1, 2005 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Filippi, Evans, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of the Acting Chairman.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a June 30, 2004 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the March 1, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 30, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  During the March 1, 2005 hearing on this matter, the Board was advised that this facility was a gymnasium with a limited occupancy.  However, the Board was further advised that the calculated occupancy of this gymnasium would exceed three hundred (300) people.  Accordingly, the Applicant has requested a variance in order to reduce the occupancy to reflect the actual usage of this facility by the patrons.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain a maximum occupancy of this facility at two hundred and fifty (250) people.  In granting this variance, it is the understanding and direction of the Board that the facility is not rented to outside parties and that there are no swim teams practicing within this facility or holding any other events.  It is the further understanding and direction of the Board that the Applicant shall provide the Woonsocket Fire Marshal’s office with an annual report reflecting the actual usage and occupancy of this facility.  Finally, in light of this variance, the Board notes that the Applicant shall not be required to provide this facility with approved sprinkler coverage as the calculated occupant load is now below three hundred (300) people.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 120 days of the date of this decision.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3.  Accordingly, the Board directs the Applicant to provide the Woonsocket Fire Marshal’s office with verification of the correction.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4.  Accordingly, the Board directs the Applicant to provide the Woonsocket Fire Marshal’s office with documentation covering this correction.

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)].