The above-captioned case was scheduled for hearing on October 25, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Sylvester, Pearson, Burlingame, Blackburn, Richard, Jackson, Walker, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Alexander Galinelli of the Warren Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Richard and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the October 25, 2011 hearing on this matter, the Board had before it an original inspection report dated February 26, 2008 and an October 24, 2011 letter signed by both the Applicant and the Warren Fire Marshals Office outlining a plan of action for this facility.  Accordingly, the Board hereby incorporates the February 26, 2008 inspection report along with the October 24, 2011 plan of action as its initial findings of fact for this facility.  The Board further finds that the original occupancy of this facility had been slated at approximately three hundred ten (310) people.  The Board further finds however, that the occupancy had been reduced to two hundred (200) people by agreement of the Warren Fire Marshal and the club owner.  The Board further finds that the club has two (2) major events annually with an outside tent and that these events are attended by a firefighter on detail to ensure that the level of occupancy does not exceed two hundred (200) people in the hall.  The Board finds that based on the original occupancy of this facility, a municipally connected radio box fire alarm system would be necessary.  The Board further finds that the Applicant is in agreement to provide the facility with a radio box if the Board approves relief from the sprinkler system in accordance with the October 24, 2011 plan of action.  Finally, the Board finds that the Warren Fire Marshals Office has no objection to the plan of action.  

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 grants the Applicant a variance from sprinkler coverage of this facility conditioned upon its maintaining occupancy of the hall at two hundred (200) or fewer people.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved radio box municipally connected fire alarm system installed at the direction, to the satisfaction and within a timetable established by the Warren Fire Marshals Office.  Finally, the Board notes that during special events the Applicant shall maintain a firefighter on duty to ensure that the occupancy levels of the main hall are properly maintained and that the exit system and all other fire protection systems are also properly maintained and functioning during these periods.

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)].