The above-captioned case was scheduled for hearing on August 15, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Pearson, Wahlberg, O'Connell, Coutu, Richard, Evans, Burlingame and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal to Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Member Burlingame.

FINDINGS OF FACT
	
During the August 15, 2000 hearing on this matter, the Board was advised that this facility is a little league baseball clubhouse.  Based on the testimony and documentation presented, the Board finds that this building was built approximately 13 years ago.  The building is approximately 53 feet by 14 feet.  The primary use of this building is as a concession stand with a small part of the building issues for storage.  The building is currently only used during baseball games and there are no cooking facilities that produce grease laden vapors within the structure.  The Woonsocket Fire Marshal reports that there is a small electric heater, a microwave, hot dog steamer and pizza oven.
	
The Board further finds that the Little League association is in the process of constructing in addition which will create a second floor on the existing building.  The upstairs room shall be approximately 24 feet by 17 feet in area.  There shall be further constructed an outside stairway which shall serve as an approved means of egress.  The second floor shall be used as an announcing booth during baseball games and as a storage area.  Finally, the second floor shall be utilized as a private meeting area of no more than 26 league officials at any one time.  It is the of the Board that all other fire code deficiencies have been corrected by the Applicant.	

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. To the Board hereby grants a variance from the provisions of chapter 23-28.25 in order to allow the Applicant to provide this facility with two interconnected hardwired smoke detectors installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.  In granting this variance, the Board notes that this is a seasonal occupancy with monthly meetings limited to no more than 26 league officials.  The Board further direct the Applicant to provide this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal's 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 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)].