The above-captioned case was scheduled for hearing on January 25, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Jasparro, Richard, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioners Filippi and Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 25, 2011 hearing on this matter, the Board was advised and finds that the first floor of this facility operates as a mercantile occupancy with a separate entrance and egress.  The Board was further advised and finds that the second floor of this facility provides a storage area for the first floor.  The Board was further advised and finds that the third floor of this facility maintains a dance studio with individual classrooms.  The Board was further advised and finds that this facility is fully sprinklered.  The Board was further advised and finds that this facility is protected by both a fire alarm system and emergency lights that need minor modifications.  The Board further notes that the Applicant shall make these corrections at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	The Board further finds that the Woonsocket Fire Marshals Office has consulted with the NFPA engineers with regard to the calculation of occupancy for this facility and that on November 17, 2010, engineer Ron Cote of the NFPA provided the Woonsocket Fire Marshals Office with a series of options for the review of this facility including review as an exercise room with equipment to provide a maximum of forty (40) people.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby grants a variance in order to allow the Woonsocket Fire Marshals Office to review the third floor of the subject facility as an exercise room with equipment in order to limit the dance studio occupancy to a maximum of forty (40) people.  In granting this relief, the Board notes the above correspondence between the NFPA engineer and the Woonsocket Fire Marshals Office and further directs the Applicant to correct any remaining deficiencies within this facility at the direction and to the satisfaction of the Woonsocket 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)].