The above-captioned case was scheduled for hearing on December 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the Exeter Fire Marshals Office along with Deputy State Fire Marshal Christopher Moore of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairperson Filippi 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 an October 22, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Exeter Fire Marshals Office and the State Fire Marshals Office during the December 13, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 22, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by repairing the cited emergency lighting, at the direction and to the satisfaction of the State and Local Fire Marshals offices.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by repairing the cited exit sign, at the direction and to the satisfaction of the State and Local Fire Marshals offices.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this property with proper premises identification.
	4.  During the December 13, 2011 hearing on this matter, the Board reviewed the Applicants plan of action for the reduction of the occupancy of this facility.  Specifically, the Board was advised that the second floor of this facility shall now be only utilized for storage and the door shall be locked.  In addition, the Board granted the Applicant a variance in order to allow the Applicant to maintain a limited occupancy of forty (40) persons in the small hall (private meeting room) located on the first floor of this facility.  The Board further granted the Applicant the ability to maintain the occupancy of the first floor large hall at 125 persons with tables and chairs.  In accordance with the above relief, the total occupancy of this facility shall now not exceed 165 people.  In granting this relief, it is the further understanding of the Board that there are no public dinners within this facility and that the commercial stoves have been removed from this facility.  

In light of the above, the Board hereby grants the Applicant a variance in order to provide this facility with a local fire alarm system as opposed to the cited municipally connected fire alarm system.  In addition, 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 to the State and Local Fire Marshals offices for the installation of a local fire alarm system.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action, at the direction and to the satisfaction of the State and Local Fire Marshals.  Finally, the Board hereby grants the State and Local Fire Marshals the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  In light of the above, it is the understanding of the Board that the Fire Marshals have no objection.
	5.  In light of the Boards reduction of occupancy of the first floor of this facility and the elimination of occupancy on the second floor of this facility by the Applicant, the Board finds deficiency 5 to be moot in that a sprinkler system would not be required for this facility given the current occupancy of less than three hundred (300) people.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing approved documentation, testing and inspection of the portable fire extinguishers.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited commercial ovens from this facility, at the direction and to the satisfaction of the State and Local Fire Marshals offices.
	8.  The Board hereby grants the Applicant a variance to maintain a residential stove in this facility provided there are no grease laden vapors generated or any frying done on that stove.  The Board notes that this residential stove shall only be used for limited preparation, reheating and warming of foods.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by reconfiguring the tables in this facility to allow for proper exit access.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly marking the door leading from the kitchen to the basement as Not an Exit.
	11.  The Board hereby directs the Applicant to correct deficiency 11 in accordance with the same time lines granted the Applicant in item 4 above.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by removing the cited storage at the top of the second floor stairs.
	13.  The Board hereby grants a variance in order to allow the Applicant to maintain the newly constructed outside stair in its present configuration without a canopy as long as the second level of this facility, which the stairway serves, is continued to be utilized for storage only.
	14.  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 14 at the direction and to the satisfaction of the State and Local Fire Marshals offices.
	15.  The Board hereby directs the Applicant to correct deficiency 15 at the direction, to the satisfaction and within a timetable established by the Exeter Fire Marshal for portable fire extinguisher training.

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)].