The above-captioned case was originally scheduled for hearing on April 4, 2006 and a decision, outlining a plan of action for this facility, was issued on June 16, 2006.  The current Applicant has requested that the file be reopened in order to allow him to increase his occupancy of this facility during a one-time event scheduled for Saturday, June 24, 2006.  Accordingly, the above captioned case was most recently scheduled for hearing on June 20, 2006 at 1:00 P.M.  At that time Acting Chairman Burlingame and Commissioners Blackburn, Preiss, Richard and Newbrook were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts, as its original findings of fact, those findings made in file number 060214.  In addition, the Board finds that the Applicant is requesting a temporary increase in occupancy, for one night, Saturday June 24, 2006.  As a condition of this request, the Applicant has advised that he would provide the further protection of a firefighter detail within this building at that time.  It is the understanding of the Board that all other fire code deficiencies within this facility 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 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 a one-time variance in order to allow the Applicant to increase the occupancy of this facility, at the direction and to the satisfaction of the Johnston Fire Marshal's Office, for a one-time event scheduled for Saturday, June 24, 2006.  As a condition of this variance, the Board directs the Applicant to provide the occupants of this facility with the additional security of a firefighter detail assigned by the Johnston 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 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)].