The above-captioned case was originally scheduled several times for hearing and was eventually reviewed by the Board on December 6, 2005. A written Decision, outlining the plan of action for this facility was thereupon issued on March 3, 2006. The above-captioned case was most recently scheduled for hearing on February 6, 2007 at 1:00 P.M. At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner OConnell.
FINDINGS OF FACT
	The Board hereby adopts its original Decision in File No. 040146 as its initial findings of fact in this case. In addition, the Board finds that the Applicant has proposed an alternative plan of compliance to Item 9 of the above Decision. Finally, the Board finds that, at the time of the hearing, the remaining items were either in compliance or close to compliance with the new sprinkler system reportedly being approximately ninety (90) percent in compliance. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby modifies Item 9, of the original Decision, in order to allow the Applicant to replace one sliding door, with an approved wall and properly swinging fire door, at the direction and to the satisfaction of the Cranston Fire Marshals Office. As a condition of this variance, the Board hereby directs the Applicant to bring the sprinkler system into full compliance with the code, including tamper switches at the direction and to the satisfaction of the Cranston Fire Marshals Office, prior to conducting any future events in this facility without (a) detailed fire fighter(s) on duty. 
2.	The Board hereby grants a variance in order to allow the Applicant to supervise that portion of the sprinkler system located in the small unoccupied adjacent structure on the property by securing this building with an approved padlock and chain at the direction and to the satisfaction of the Cranston 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)].