The above-captioned case was scheduled for hearing on June 24, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Pearson, Jasparro, Dias and Filippi 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 Pearson and seconded by Commissioners Richard and Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	This case was previously before the Board and a plan of action was developed for the Applicant.  Accordingly, the Board hereby adopts its original findings of fact in file numbers 050044 and 050044A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has corrected all of the deficiencies outlined in the report including the installation of a full sprinkler system.  However, the Applicant has been advised that the Tiverton Water District would be requiring the Applicant to cover the cost of bringing a town water line up to this facility.  The projected costs are between 50,000 and 65,000.  The Board further finds that this is a non-profit organization.  The Board further finds that the occupancy of this facility shall be voluntarily reduced to three hundred (300) patrons and that if there is a booking scheduled for over 300 patrons, the Fire Marshal and the Applicant have a plan of action.  Specifically, the Board finds that if there is a booking scheduled for over 300 patrons, a fire detail of the Tiverton Fire Department will be assigned to this facility along with approved fire department apparatus.  Finally, the Board finds that the parties have agreed that this variance is valid only for the current occupant, the non-profit Knights of Columbus.  In the event the property is sold or occupied by another tenant in the future, this variance will be null and void.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the proposed plan of action of the Tiverton Fire Marshal's office and the Applicant to allow this facilitys occupancy to be reduced to three hundred (300) patrons until such time as the Applicant is able to secure an approved municipal water connection to the existing sprinkler coverage within this facility.  The Board hereby directs that the time variance will be re-addressed for progress within twenty-four (24) months of the date of this decision.  As a condition of this variance, the Board further directs that all systems that are in place, the municipally connected fire alarm and sprinkler system coverage, will be maintained to standards agreeable to the Local and State Fire Marshal's offices.  As a condition of this variance, the Board directs that any time a booking is scheduled for over three hundred (300) patrons, the Applicant shall secure a fire detail for this facility which would include the positioning of fire department apparatus on the grounds.  Finally, the Board notes that this variance shall be for the Knights of Columbus only.  Any time the property is sold or another occupant takes over the use of the property, this variance shall be considered null and void and the new owner must return to the Board with a new plan of action prior to occupancy.

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)].