The above-captioned case was scheduled for hearing on July 18, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the subject facility is a place of assembly.  The Board further finds that the building is a one-story building that was built in approximately 1966 of Type II (000) construction on masonry slab.  The Board further finds that this building is currently classified as a Class B place of assembly.  The Board further finds that the occupancy of this facility has currently been reduced by the West Warwick Fire Marshal's office to approximately 293 patrons.  The Board further finds that the building includes one connecting structure of a Type V wood frame construction.  The Board further finds that the building consists of a banquet hall, a barroom, a meeting room, a kitchen, offices and storage area, totaling approximately 10, 572 square feet.  The Board further finds that the electrical service to this facility is approximately 400 amps and that the building is equipped with three (3) combination heating/air conditioning units [one (1) at 400,000 BTUs, one (1) at 200,000 BTUs and one (1) at 120,000 BTUs].  The Board further finds that the building is equipped with a non-approved municipally connected fire alarm system.  The Board further finds that the banquet hall has two (2) approved exits capable of accommodating 552 people.  The Board further finds that the barroom has two (2) approved exits capable of accommodating 314 people.  The Board further finds that the original total calculated occupancy of this facility by the West Warwick Fire Marshal is 381 people. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the July 18, 2006 hearing on this matter, in order to correct deficiency 1 by upgrading the fire alarm system of this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal or designee in accordance with the provisions of section 13.8.9.1.5.2 and its referenced standards.  
	2.  The Board hereby grants the Applicant a time variance until July 1, 2007 to complete the full sprinkler coverage of this facility.  The Board further directs the applicant to submit plans for the sprinkler system to the West Warwick Fire Marshal's office within sixty (60) days of the date of this decision and requests that the West Warwick Fire Marshal's office conduct the plan review within thirty (30) days upon its receipt of the plans.  Again, the sprinkler coverage is to be installed on or before July 1, 2007.
	3-32.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 5, 10, 11, 13, 14, 15, 19, 26, 29 and 30.  The Board hereby grants the Applicant a time variance of 120 days from the July 18, 2006 hearing date in order to correct the remaining deficiencies as outlined on the May 19, 2005 inspection report that have not been previously addressed above.

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)].