The above-captioned case was scheduled for hearing on January 31, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Burlingame, Filippi and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Dennis Foster of the Chepachet Fire District Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 7, 2004 inspection report compiled by the Chepachet Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Chepachet Fire District Fire Marshals Office during the January 31, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 2004 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-19.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 at the direction and to the satisfaction of the Chepachet Fire District Fire Marshals office.  At the end of the above time period, if the Chepachet Fire District Fire Marshals office determines that the Applicant has been making a good faith effort to bring this facility into full compliance, the Chepachet Fie District Fire Marshals office is hereby authorized to extend the above deadline conditioned upon continued good faith compliance.
	20.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to upgrade the fire alarm system of this facility, at the direction and to the satisfaction of the Chepachet Fire District Fire Marshals office.  Again, if the Chepachet Fire Marshals office determines that the Applicant has been proceeding in good faith in its attempt to provide this facility with an approved upgraded fire alarm system, the above time period may be extended by the Chepachet Fire Marshal.
	21-40.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40 at the direction and to the satisfaction of the Chepachet Fire Marshals office.  In the event that the Chepachet Fire Marshals office determines that the Applicant has proceeded in good faith but needs additional time, that office is authorized to provide the Applicant with additional time.
	41.  During the January 31, 2006 hearing on this matter, the Board was advised that the Applicant and the Chepachet Fire Marshal's office would revise the seating arrangements in this facility and further adjust the available floor space in order to lower the overall occupancy of this facility as an alternative to providing sprinkler coverage.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to make the above revisions to allow for a reduction in occupancy.  The Board will further leave this file open if either party requests review of the Applicants plan of action.  Finally, the Applicant may work with the Chepachet Fire Marshals office to plan for occasional larger events within this facility, pursuant to a plan of action tailored for that particular event by the Chepachet 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)].