The above-captioned case was originally heard by the Board on December 6, 2005 and a decision was rendered in file number 050840.  The Applicant has returned to the Board with a plan of action for the utilization of the second floor of this facility.  The most recent hearing was scheduled for hearing on November 28, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Dennis Foster of the Chepachet Fire Marshals Office along with Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original decision in file number 050840 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has complied with the original mandates of the decision and is now before us with a proposed plan of action to utilize the second floor as a dining area maintaining forty-five (45) occupants utilizing tables and chairs.  The Board further finds that the headroom on three (3) stairs leading to the second floor as approximately seventy-two (72) inches.  The Board finds that there are two (2) means of egress and that the Applicant can address the headroom issue by providing a warning sign at the direction and to the satisfaction of the local fire marshal.  Specifically, the Applicant is directed to attempt to strip down the area in question to provide additional height, at the direction and to the satisfaction of the State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain lower headroom in the cited stairway provided the Applicant works with the State and Chepachet Fire Marshal's offices in an attempt to increase the headroom in the cited stairs and to properly provide warning of the low headroom in this area.
	2.  Once the headroom issue is addressed, the Applicant may re-occupy the upper level of this facility as a dining room with an established maximum occupancy of forty-seven people sitting at tables and chairs.
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)].