The above-captioned case was scheduled for hearing before a subcommittee of the Board on September 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioner Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.
The subcommittee recommendations were thereupon presented to the full Board on September 21, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Blackburn, Preiss and Jasparro were present.  A motion to approve the subcommittee recommendations was made by Commissioner Jasparro and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination outlined below has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 6, 2007 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the September 16, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 6, 2007 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the upgrade of the municipal fire alarm system within this facility.  The Board further grants the Applicant an additional 120 days to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Board hereby authorizes the Woonsocket Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  During the September 16, 2010 subcommittee hearing on this matter, the Board was advised that the upper level of this facility was typically utilized for membership meetings with a general occupancy between thirty and thirty-five (30-35) people.  The Board was further advised that during the annual meetings, the upper levels occupancy may increase to fifty or sixty (50-60) people.  However, the Board was advised that it is well below the calculated maximum capacity.  
The Board was further advised that the lower level of this facility was also substantially underutilized.  The Board was advised that the largest event being held on the lower level took place approximately four (4) weekends a year where the occupancy was approximately 115 people for a play.  Finally, the Board was advised that there was never dual occupancy of both the upper and lower levels at the same time.  
	In light of the above, the Board grants a variance in order to maintain a 100 person maximum capacity in the upper level of this facility and a 150 person maximum capacity in the lower level of this facility, with the understanding that the upper and lower levels of this facility will not be occupied simultaneously.  In light of the Applicants agreement to this, and the fact that the Woonsocket Fire Marshals Office has determined that there will be ample egress to support the lower capacities, the Board hereby grants a variance in order to allow the above figures to be the maximum capacity for this facility.  Accordingly, in light of the variance for capacity, the Board notes that the question of sprinkler coverage is moot.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by connecting the cooking suppression system to the fire alarm system.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by replacing the cited doors with 1 solid core wood doors or equivalent, maintaining an approximate fire rating of twenty (20) minutes, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  The above doors may be installed in the existing assemblies, within the timetable established in item 1 above.
	5.  The Board hereby directs the Applicant to correct deficiency 5 in the manner, and within the timetables outlined in item 4 above.
	6.  The Board hereby directs the Applicant to correct deficiency 6 in the matter, and within the timetables outlined in item 4 above.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	8.  The Applicant has advised the Board that he has corrected deficiency 8.  Accordingly, the Board will allow the Woonsocket Fire Marshals Office to confirm this correction.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by either rating the storage room door or eliminating the door and storage room, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within the timetable established in item 1 above.
	10.  The Board notes that in light of the reduced occupancy as outlined in item 2 above, deficiency 10 is moot.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the required egress/floor diagrams within the timetable outlined in item 1 above.
	12.  The Board hereby directs the Applicant to correct deficiency 12 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office in accordance with the timetables outlined in item 1 above.
	13.  The Board has been advised that the Applicant has corrected deficiency 13.  The Board directs the Woonsocket Fire Marshals Office to verify this correction.
	14.  The Board has been advised that the Applicant has corrected deficiency 14.  The Board directs the Woonsocket Fire Marshals Office to verify this correction.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18.
	19.. In light of the Applicants agreement not to occupy both levels of this facility simultaneously as outlined above, the Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant not to provide the separation that would be required with simultaneous occupancy of the levels of this facility.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).