The above-captioned case was scheduled for hearing on May 23, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Blackburn, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Preiss 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 January 4, 2005 inspection report compiled by the Tiverton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the May 23, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 4, 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.  During the May 23, 2006 hearing on this matter, the Board was advised and finds that the occupancy of this facility is generally below three hundred (300) people.  The Board further directs that if the occupancy is projected to exceed three hundred (300) at any time, the Applicant shall immediately notify the Tiverton Fire Marshal's office and provide any additional fire protection, including firefighters on duty, if deemed necessary by the Tiverton Fire Marshal's office.  In light of the above, the Board hereby grants the Applicant a time variance in order to install a sprinkler system in this facility as follows.  The Board hereby directs the Applicant to provide the Tiverton Fire Marshals office with an approved contract for the installation of this sprinkler system on or before January 1, 2007.  The Board further directs that the Applicant shall provide the Tiverton Fire Marshal's office with approved plans for the installation of the sprinkler system on or before July 1, 2007.  Finally, the Board directs that the sprinkler system in this facility shall be fully installed on or before January 1, 2008.  During this entire period of time, the occupancy of this facility shall be reduced to a maximum of five hundred (500) and subject to the above safeguards deemed necessary by the Tiverton Fire Marshal's office at any point where the occupancy is projected to exceed three hundred (300).
	2.  The Board hereby directs the Applicant to correct deficiency 2 by upgrading the fire alarm system of this facility in accordance with the following schedule.  The Applicant is hereby directed to provide the Tiverton Fire Marshal's office with approved plans for the upgrade of the fire alarm system within thirty (30) days of the date of this decision.  The Board hereby provides the Tiverton Fire Marshal's office with an additional thirty (30) days to review and approve the subject plans.  Once the plans are approved, the Board hereby grants the Applicant a period of 120 days in order to install the upgraded fire alarm system within this facility.  Finally, the Board notes that the above fire alarm upgrade shall not be required to include any of the sprinkler component upgrades until January 1, 2008.  Specifically, if the applicant is planning to substitute sprinkler heads for heat detectors, he shall not be required to provide this coverage until January 1, 2008.
	3-18.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 at the direction and to the satisfaction of the Tiverton 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)].