The above-captioned case was scheduled for hearing on August 31, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jackson, Jasparro, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick 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
	Pursuant to the documentation submitted and testimony taken during the August 31, 2010 hearing on this matter, the Board finds that the project before it consists of renovations to a 7,800 square foot existing fitness center and also includes a 7,480 square foot addition.  The Board further finds that the primary purpose of the expansion is to provide more space for the existing programs and to create a more prominent entrance to the facility.  The Board further finds that the Applicant is requesting the reduction and posting of room occupancies as follows.  Specifically, the Applicant wishes to reduce the occupancy of the gymnasium to six hundred (600) people as opposed to the current posting of 877 people.  The Board further finds that the Applicant is requesting to reduce the occupancy of the pool area to 140 people instead of the posted 202 people.  Specifically, the Board finds that the Applicant wishes to maintain a total occupancy of 1,349 people in this facility after the reduction of 339 people as outlined above. 
	Finally, the Board finds that if the reduction of occupancy is allowed, then fifty percent of the total building capacity will be 675 people which will bring the facility into compliance due to the fact that the capacity of the main entrance door will be 680 people.
	It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
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 hereby approves the Applicant's proposed reduction of the gym area from 877 people to a posted reduced capacity of 600 people.  The Board further approves the reduction of the pool area from 202 people to a posted 140 people.  The Board notes that with the proposed reductions of occupancy, the main entrance door would be brought into compliance in that it would allow for an egress capacity of one half of the posted occupancy.  Finally, in granting this relief it is the understanding of the Board that the Warwick Fire Marshal's office has no objection.

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)].