The above-captioned case was scheduled for hearing on February 14, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Pearson, Blackburn, Burlingame, Preiss, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the February 14, 2006 hearing on this matter, the Board had before it a March 22, 2004 inspection report compiled by the East Providence Fire Marshal's office.  The Board was advised that all three (3) items of the cited inspection report have been corrected by the Applicant.  Accordingly, the Board hereby adopts the March 22, 2004 inspection report as its initial findings of fact with the understanding that all three (3) items in the report have been corrected.  The Board further finds that the Applicant has come before it to request an increase in occupancy from the posted 131 people to 150 people.  The Board further finds that this request is being made because the Applicant conducts a large function approximately once per year.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby denies the Applicants request for a permanent increase in occupancy to 150 people.  However, the Board hereby authorizes the East Providence Fire Marshal's office to approve an occasional increase of the Applicants occupancy, due to special events, with an approved plan of action including either a firefighter detail or other additional fire protection during the scheduled event.  Accordingly, the Applicants occupancy shall remain at the current level throughout most of the year.  However, the Applicants occupancy may be increased by the East Providence Fire Marshal's office, on the occasional basis, in accordance with an approved plan of action by that 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)].