The above-captioned case was scheduled for hearing on December 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Jasparro, Preiss, Blackburn, Pearson, Filippi and Walker were present.  The fire service was represented by Chief Robert Martin of the Bristol Fire Department and Assistant Deputy State Fire Marshal John Woodard of the Bristol Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias 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 November 6, 2009 inspection report compiled by the Bristol Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Bristol Fire Marshals Office during the December 1, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the November 6, 2009 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 
	1-23.  During the December 1, 2009 hearing on this matter, the Board was advised that this is a fraternal organization with only forty-five (45) members and a very limited occupancy.  Accordingly, in order to provide the Applicant with initial relief while he was developing his plan of action, the Board has directed the Applicant to seal off the third floor of this facility until such time as the facility is fully sprinklered.  The Board further directs the Applicant to limit the assembly occupancy of the second and first floors of this facility to seventy-five (75) people per floor.  Finally, the Board directs the Applicant to submit a plan of action for the correction of all remaining deficiencies in this facility to the Bristol Fire Marshal's office within sixty (60) days of the date of this decision.  The Board hereby grants the Applicant a time extension until December 31, 2010 in which to complete this project with the exception of the sprinkler coverage which shall be completed prior to the re-opening of the third level of this facility.  The Board hereby grants the Bristol Fire Marshal's office the ability to extend any of the above deadlines for good faith efforts being made by the Applicant.

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