The above-captioned case was scheduled for hearing on October 24, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ernest Cimino of the Valley Falls Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi 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 an October 5, 2006 inspection report compiled by the Valley Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Valley Falls Fire Marshals Office during the October 24, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the October 5, 2006 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 and currently maintains all required fire extinguishers within this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 in properly certifying all fire extinguishers within this facility.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 and has provided a semi-annual maintenance check of the kitchen suppression system of this facility.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with an approved key safe box, at the direction and to the satisfaction of the Valley Falls Fire Marshal's office.
	5.  During the October 24, 2006 hearing on this matter, the Board was advised that the Applicant sought a variance to expand the occupancy of the main function room of this facility from 331 people to 550 on special occasions.  The Board was further advised that this facility is fully sprinklered and protected by a municipally connected fire alarm system.  The Board was further advised that the Applicant shall install a sound shut-down system tied to the fire alarm system and shall further install floor proximate exit signage, at the direction and to the satisfaction of the Valley Falls Fire Marshal's office.  The Board was further advised that the Applicant maintains approximately 178 inch units of exit width which would capacitate approximately 809 people exiting this facility.  The Board was further advised that the Applicant maintains three (3) separate remote exits within this facility.  The Board was further advised that in addition to the above three (3) exits, the Applicant maintains an additional emergency means of egress.  The Applicant has agreed to contact the Fire Chief any time the Applicant wishes to maintain an expanded occupancy for a special function and that he will comply with all of the directives of the Valley Falls Fire Chief and Fire Marshal.  Finally, it is the understanding of the Board that this facility maintains three (3) certified crowd management personnel and that they have been fully cooperating at all times with the Valley Falls Fire Marshal's office.  In light of the above, the Board hereby grants the Applicant a variance to occasionally expand the occupancy of the main function room to a maximum of 550 people on special occasions with pre-approval by the Valley Falls Fire Marshal, and subject to any conditions deemed necessary by the Valley Falls Fire Marshal's office.  As a condition of this relief, the Board directs the Applicant to provide this facility with approved floor proximate exit signage and music shut-down capabilities in the function room, at the direction and to the satisfaction of the Valley Falls 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)].