The above-captioned case was scheduled for hearing on March 27, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Pearson, Filippi and OConnell 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 Pearson and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility is a community center that was previously closed for repairs.  During an initial meeting on January 9, 2007, the Applicant was directed not to reoccupy the facility until the fire code violations had been corrected.  It is the understanding of the Board that the applicant may be developing an alternative plan of action to present to the Board.  However, the Applicant wished to advise the community of that plan of action which it is requesting to be held at the facility.  The Board finds that the community meeting proposed by the Applicant could involve three hundred and fifty (350) or more people and potentially take five (5) hours in duration.  The Board further finds that the applicant is projecting that the meeting would be held on either April 14 or April 21 of 2007.  The Board further finds that the fire alarm within this facility would be tested at the direction and to the satisfaction of the State Fire Marshal's Office and that the facility would be further protected by the presence of a firefighter on duty in accordance with the general law provisions covering assembly occupancies.  
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicants request to maintain a community meeting at this facility on either April 14 or April 21, 2007 at which 350 or more people may convene for a period of approximately five hours, at the direction and to the satisfaction of the State Fire Marshal's Office.  As a condition of this variance, the Board directs that the Applicant properly test the fire alarm system and provide a firefighter on duty during the duration of the meeting.  The Board notes that if the Applicant chooses to submit an alternative plan of action for bringing this facility into compliance, the Applicant shall be free to open the original file on this matter.

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)].