The above-captioned case was scheduled for hearing on May 15, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to affirm the determination of the Pawtucket Fire Marshals Office that no sprinklers are required in this facility.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	During the May 15, 2012 hearing on this matter, the Board was advised and finds that the Applicant had voluntarily reduced the space and occupancy of this facility and had further limited the assembly occupancy to the first floor library area with a maximum capacity of one hundred twenty-five (125) people.  The Board was advised by the Pawtucket Fire Marshals Office that the facility has a complete fire alarm system and master box and that in light of the recalculation of occupancy of this facility, a sprinkler would not be necessary.  The Board hereby agrees with the Pawtucket Fire Marshals Office and confirms this determination.  Finally, it is the understanding of the Board that all other fire code deficiencies have been, or will be, corrected within this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby reaffirms the determination of the Pawtucket Fire Marshals Office that under the existing conditions outlined during the May 15, 2012 hearing, this facility would not be required to be equipped with a sprinkler system.  The Board further notes that this facility maintains a complete fire alarm system with master box and that all other fire code deficiencies have been corrected or shall be immediately corrected at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.

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)].