The above-captioned case was scheduled for hearing on March 17, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal John DeFusco of the Pascoag Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook 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 a November 14, 2006 inspection report compiled by the Pascoag Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pascoag Fire Marshals Office during the March 17, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the November 14, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans and an additional 120 days to correct deficiency 1 by providing this facility with approved pull stations for the fire alarm system as designated by the Pascoag Fire Marshal's office.
	2-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 2 and 3 at the direction and to the satisfaction of the Pascoag Fire Marshal's office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 as outlined in deficiency 1 above within the same time parameters.
	5.  During the March 17, 2009 hearing on this matter, the Board was advised and finds that deficiency 5 relates to the fire escape on the second floor of this facility.  Accordingly, the Board hereby directs the Applicant to address deficiency 5 as outlined in items 8 and 9 below.  
	6.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the existing stairway separation of the stairway from the second floor meeting hall of this facility.  In granting this relief, it is the understanding and direction of the Board that there shall be no public access to the second floor meeting hall and that this shall be limited to private use of twenty (20) to thirty (30) members.  The Board was further advised and finds that the second floor meeting hall is never rented out.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited double doors from the second floor meeting room at the top of the stairs with approved panic hardware, installed at the direction and to the satisfaction of the Pascoag Fire Marshal's office with the timetables established in item 1 above.
	8-9.  As outlined above, the Board was advised that the second floor meeting room has no public access and is limited to private use of members only.  The Board was further advised that the primary deficiency within the egress system involving the second floor is an existing fire escape leading from the second floor.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escape as long as the second floor of this facility is limited to members only, not open to the public and not rented for either public or private functions.  In the event the Applicant wishes to expand the use of the second floor in the future beyond the above criteria, the Applicant is first directed to replace the cited fire escape with an approved compliant stairway system installed at the direction and to the satisfaction of the Pascoag Fire Marshal.
	10.  Pursuant to the request of the Pascoag Fire Marshal's office, the Board is reviewing the question as to whether sprinkler coverage should be required for this facility.  In light of the testimony given during the hearing, the Board directs that the occupancy of the main level of this facility shall be limited to 246 at a maximum and that the owners of this facility shall provide the Pascoag Fire Marshal's office with an approved table layout with limited chairs to reach the above occupancy figure.  The Applicant is further directed to continue working directly with the Pascoag Fire Chief and Fire Marshal to coordinate scheduling of any and all events for this facility.  Finally, the Board notes that the upstairs of this facility shall be limited in occupancy to between 20 and 30 members of the club as outlined above.  In the event the Applicant exceeds the maximum occupancy of 300 for this facility, the Pascoag Fire Marshal's office may request that the parties return to the Board to review a plan of action for sprinkler coverage.  

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)].