The above-captioned case was originally scheduled for hearing by a subcommittee of the Board on August 9, 2006 and a decision was rendered in file 040461.  The Applicant has made timely appeal of the above subcommittee recommendation to the full Board.  Accordingly, the above captioned case was most recently scheduled for hearing by the Board on January 30, 2007 at 1:00 P.M.  At that time, 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 Thomas Mello of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 040461 as its initial findings of fact in this case.  The Board further notes that the Applicant has proposed a plan of action to implement the above decision over a two-year period divided into four (4) segments.  Specifically, within the first six (6) months of the mailing date of the Boards decision, the Applicant shall completely upgrade the fire alarm system within this facility, at the direction and to the satisfaction of the Tiverton Fire Marshal's office.  Within six (6) months after the above fire alarm upgrade, the Applicant shall complete construction of a two-hour fire wall between the hall on Side A and the hall on Side B in accordance with the attached diagram.  Within six (6) months of the completion of the first fire wall, the Applicant shall complete a second fire wall between hall Side A and the remainder of the building.  The Applicant notes that the entire project shall be completed within two (2) years of the date of this decision.  The Applicant further shall have the option to fully sprinkler this facility in lieu of the establishment of the above fire walls.  The Board further finds that the Applicant shall maintain an approved firefighter detail for all parties projected to reach over 150 persons.  The Board further finds that there shall be a reduction of the overall capacity of this facility of 25 from six hundred (600) patrons to four-hundred fifty (450) patrons during the above period.  Finally, it is the understanding and direction of the Board that the parties will work closely together in order to address any remaining problems.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The original decision in file number 040461 is hereby modified by the above proposed two-year plan of action timetable developed and submitted by the Applicant and the Tiverton Fire Marshal's office.  Specifically, the Applicant shall have six (6) months from the date of this decision to completely upgrade the fire alarm system of this facility at the direction and to the satisfaction of the Tiverton Fire Marshal's office.  The Applicant shall then have an additional six (6) months from the completion of the fire alarm upgrade to provide an approved two-hour fire wall between hall Side A and hall Side B.  The Applicant shall then have an additional six-month time variance in order to complete construction of a fire wall between hall Side A and the remainder of the building.  All other remaining issues shall be completed by the Applicant within two (2) years of the date of this decision.  Finally, the Applicant shall maintain the option of complete sprinkler coverage in lieu of construction of the above two (2) fire walls.  It is the understanding of the Board that the Tiverton Fire Marshal's office has no objection to the attached plan of action.  Accordingly, the plan of action is accepted and adopted by this Board.

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)].