The above-captioned case was scheduled for hearing on February 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Jackson, Preiss, Pearson, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the Westerly Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Jackson 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 a May 21, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 16, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the May 21, 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 properly maintaining the cited emergency lighting within this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by replacing the cited single action manual action pull station with an approved double action manual pull station.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by properly mounting the cited heat detector.
	4.  The Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order to allow the Applicant to maintain the assembly occupancy of this facility, with tables and chairs, at 280 people.  Specifically, the Board notes that this 60x70 square foot room is utilized primarily for bingo and as a meal site for seniors.  The Board was further advised and understands that this facility shall never be utilized as an auditorium and that the only other function would be an occasional shuffle board game.  Accordingly, the Applicant shall provide the State Fire Marshal's office with three (3) seating charts to be utilized exclusively by this facility, the first being for bingo, the second being for shuffle board and the third being for meals.  Accordingly, the facility shall be posted by the State Fire Marshal's office at a maximum of 280 people.  In the event the Applicant plans a special event which will not include tables and chairs, the Applicant is directed to first contact the Westerly Fire Department and the State Fire Marshal's office for approval and for an additional plan of action to ensure the safety of the occupants of this facility.  In granting this relief, it is the understanding of the Board that there are six (6) approved exits from this facility as located on the floor plan and that the facility is fully protected by a municipally connected fire alarm system.  

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)].