The above-captioned case was scheduled for hearing on March 9, 2010 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Dias, Filippi and Richard 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 18, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the March 9, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the November 18, 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.  The Board notes that it had previously granted a variance on April 12, 2005 in file number 030104 in order to allow the Applicant not to provide this facility with sprinkler coverage provided that the assembly occupancy was limited to the first floor only and that it maintain a maximum occupancy of 142 people.  Accordingly, if the Applicant wishes not to sprinkler this facility and have this variance reinstated, the Applicant is directed to vacate the second floor of this facility and take whatever action deemed necessary by the State Fire Marshal's office to ensure that it shall not be utilized in the future.  Accordingly, the Applicant is directed to make any corrections deemed necessary by the State Fire Marshal's office within thirty (30) days of the date of this decision to ensure that occupancy shall not be allowed on the second floor of this facility in the future without full sprinkler coverage and review by the State Fire Marshal's office.
	2.  In light of the above, the Board hereby reaffirms its variance to allow the Applicant to maintain an occupancy of 142 people on the first floor only, and thereby this facility shall not be required to have a supervised fire alarm system.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited smoke detector at the first floor level.
	4.  The Board hereby grants a variance from the provisions of section 7.2.2.1.1 and its referenced standards and tables in order to allow the Applicant to maintain the existing twenty-six (26) inch width from handrail to wall of the stairway leading to the second story of this facility.  This variance is based upon structural hardship and the fact that the Applicant shall not occupy the second floor of this facility.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  As outlined above, the Applicant shall not utilize the second floor of this facility without submitting approved plans to the State Fire Marshal's office, which would include sprinkler coverage.  Accordingly, the second floor use shall be limited to storage only.  In light of this, the Board grants a variance in order to allow the Applicant to maintain the existing means of egress from the unoccupied second story of this facility in light of the fact that it shall only be utilized for storage and not otherwise be occupied.


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 as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].