The above-captioned case was scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Vice Chairman Coutu to deny the Applicant the requested relief.  The motion was unanimous.

FINDINGS OF FACT
	
During the May 10, 2005 hearing on this matter, the Board was advised and finds that the Applicant is converting this mercantile building to a place of assembly.  The Board was further advised and finds that the Applicant plans to utilize the place of assembly as a pool hall.  The Board was further advised and finds that the occupancy of Room 1 would be 126 people, the occupancy of Room 3 would be 47 people and the occupancy of Room 6 would be 59 people.  The Board was further advised and finds that the potential occupancy of Room 7 is 77 people and that the Applicant plans to utilize the remaining space for storage.  In light of the above calculation, it is the understanding of the Board that sprinklers would be required for this facility.  The Applicant has come before the Board requesting a reduction of occupancy.  The Board was advised during the hearing that the HVAC system, bathrooms and parking are only geared for 150 people.  Finally, it is the understanding of the Board that the Applicant shall correct all of the remaining deficiencies in this facility.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  In light of the building code deficiencies noted during this hearing, the Board hereby denies the Applicant’s request for reduction of occupancy for this facility.  The Board recommends that the Applicant address the building code issues with the state or local building board.  Finally, the Applicant should work with the Tiverton Fire Marshal’s office in the development of a final calculation of occupancy for this entire 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)].