The above-captioned case was scheduled for hearing on July 26, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Pearson, OConnell and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Lowe of the Warwick Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the July 26, 2005 hearing on this matter, the Board was advised and finds that the Applicant planned to host a three-day member/guest tournament on July 29, 30 and 31 of 2005.  The Board was further advised and finds that as of the date of the hearing the first floor had operational bath facilities and the exterior second floor deck is complete.  The Board was further advised and finds that the Applicant did not have approved fire suppression in place.  However, the Applicant has agreed to provide a detail firefighter equipped with radio on premises during the above three (3) days during the hours of occupancy of this facility between 8:00 AM and 8:00 PM.  In light of the above, the Warwick Fire Marshals office had no objection.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Warwick Fire Marshals office to approve the issuance of a temporary certificate of occupancy in order to allow the Applicant to host a three (3) day previously planned member/guest event on July 29, 30, and 31 of 2005.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved detail firefighter equipped with radio during all hours of occupancy, and to further implement any further suggestions of the Warwick Fire Marshals 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)].