The above-captioned case was scheduled for hearing on December 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard 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 Burlingame and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the December 13, 2005 hearing on this matter, the Board was advised and finds that the Applicant has entered into a contract for the installation of the required sprinkler system.  The Board was further advised and finds that the original occupancy on the two floors of this facility was calculated at 485.  However, the occupancy has to be reduced by 30 to 341 due to the lack of a fire alarm system and a sprinkler system.  The Board was advised that there were two (2) issues remaining in this facility.  The first was tying an audio-visual shut-down into the fire alarm system.  The second was the sprinkler coverage.  The Applicant has requested time in order to correct the above deficiencies.  It is the understanding of the Board that a firefighter detail has been assigned to protect this facility during the periods of time there is entertainment.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance until January 15, 2006 in order to complete the fire alarm system of this facility by tying in the audio visual shut-down component of the fire alarm system, at the direction and to the satisfaction of the Warwick Fire Marshals office.  The Board notes that once the fire alarm system is complete, the occupancy of this facility may increase by 10.
	2.  The Board hereby grants the Applicant a time variance until February 28, 2006, in which time to provide this facility with full sprinkler coverage, installed at the direction and to the satisfaction of the Warwick Fire Marshals office.  The Board notes that there shall continue to be a firefighter detail until such time as the facility is fully sprinklered.  The Board further notes that the firefighter detail shall be required any time the occupancy of this facility exceeds three hundred (300) or any time the Applicant is providing entertainment.

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)].