The above-captioned case was scheduled for hearing on July 18, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that this facility is an existing place of assembly.  The Board further finds that the facility has elements of combustible wood construction.  The Board further finds that the first floor of this facility consists of a large bar area with a stage, dance floor and a pool table area.  The Board further finds that there is a small kitchen area and another bar in the rear area.  The Board further finds that there are several storage areas in the rear of the building.  The Board further finds that there is also a basement with access from the outside through a bulkhead.
	The original inspection report compiled by the North Kingstown Fire Marshal's office indicates that the building was posted at 156 people.  However, during the July 18, 2006 hearing on this matter, the North Kingstown Fire Marshal's office advised the Board that the current occupancy is now posted at 177 patrons.  The Board finds that under either posting, this facility would be designated as a Class C place of assembly and also within the sub-category of nightclub.
	The Board finds that the Applicant has delivered sprinkler plans to the North Kingstown Fire Marshal's office and that the Applicant is now requesting time in which to provide this facility with a full approved sprinkler system.  Finally, the Board finds that the Applicants license has been suspended and therefore the facility is currently unoccupied.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance in order to correct all remaining fire code deficiencies in this facility prior to the re-occupancy of this facility.  Specifically, the Applicant shall have a time variance in which to provide this facility with a full approved sprinkler system installed, in accordance with the provisions of NFPA 13, at the direction and to the satisfaction of the North Kingstown Fire Marshal's office, prior to the re-occupancy of this facility.

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)].