The above-captioned case was scheduled for hearing on December 14, 2010 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Richard, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  The Board notes that the Chief of the Richmond/Carolina Fire District was unable to attend the December 14, 2010 meeting.  However, the Chief submitted a December 9, 2010 letter which outlined his position in this case.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a September 16, 2010 inspection report compiled by the State Fire Marshals Office.  In addition, the Board before it a December 9, 2010 action plan developed by Hughes Associates, and a December 9, 2010 letter outlining the position of the Richmond/Carolina Fire District with regard to the above action plan.  Accordingly, the Board hereby incorporates the September 16, 2010 inspection report along with the December 9, 2010 action plan and the December 9, 2010 action plan review 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.  (10-2406-VN).  The Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order to allow the Applicant to maintain a twenty percent reduced occupancy in this facility resulting in a new maximum occupancy of 263 people in accordance with the December 9, 2010 plan of action.  In addition, the Board notes that in accordance with the request of the Richmond/Carolina Fire District Fire Marshals Office, the Applicant shall maintain a seating plan showing the table and chair layout for the room, detailing the set up of an occupant capacity of 263 people and file such plan with the Fire Department.  Additionally, the Board notes that any event pre-approved by the Richmond/Carolina Fire District Fire Marshals Office which would exceed three hundred (300) people but not exceed three hundred twenty eight (328) people would require a uniformed fire fighter detail. 
Finally, the Board notes that this variance could be rendered void in the event the Applicant sought to increase the size of this space through additions or changes of use of the area.  Finally, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for any corrections that may be necessary and an additional 150 days to implement that plan of action, at the direction and to the satisfaction of the State and Richmond/Carolina Fire District Fire Marshals Offices.
	2.  (10-2388-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing the required windows for rescue as outlined in item 4 below.
	3.  (10-2386-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing the required fire alarm drill switch.
	4.  (10-2367-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing the required classroom rescue windows, at the direction and to the satisfaction of the State and Local Fire Marshals Offices.
	5.  (New Item on Hughes Report).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct the new item cited in the Hughes Associates report by either providing documentation that the existing partition material satisfies the minimum interior requirements or by applying fire retardant to the partition material, or replacing the existing partition with a new partition that satisfies the minimum interior finish requirement, or finally by removing the partition altogether, at the direction and to the satisfaction of the State and Local Fire Marshals Offices.

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)].