The above-captioned case was scheduled for hearing on May 29, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Duquenoy of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Coutu 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 December 7, 2000 report complied by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the May 29, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the December 7, 2000 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. During the May 29, 2001 hearing on this matter, the Board was advised that the Applicant was requesting a variance to calculate the maximum occupancy of this facility on the basis of ten (10) square feet per person instead of fifteen (15) square feet and to further allow a maximum occupancy, of the main rooms of this facility, to be one thousand (1,000) people during special events. The Board was further advised and finds that the Applicant currently maintains an actual exit capacity from this facility at 2450 persons. However, the requested relief would still require a maximum occupancy of less than half of the actual exit capacity. 

In light of the above, the Board hereby grants a variance to allow the maximum occupancy of this facility to be calculated on the basis of ten (10) square feet per person. The Board further grants a variance to allow the Applicant to increase the maximum  occupancy, of the main rooms of this facility, to one thousand ( 1,000 ) people during special events as approved by, and pursuant to the safeguards and all other requirements requested by, the Pawtucket Fire Marshal.

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)].