The above-captioned case was scheduled for hearing on January 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich 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 finds that the Swift Gymnasium is a town owned place of assembly in East Greenwich, RI.  The Board further finds that the Swift Gymnasium has an occupancy load with tables and chairs (less concentrated use) of 193 people plus 50 on stage for a total of 243 people.  However, the Board finds that based on seven square feet per person, this facility could maintain a potential concentrated occupancy of 464 people.  The Applicant has appeared and requested to be allowed to operate under the terms and conditions of the Board decision in file number 050228 regulating other public assembly occupancies in the town.  The East Greenwich Fire Marshal's office has no objection to the Board extending the original terms and conditions of 050228 to cover this facility.  Finally, the Board finds that in all other respects this facility has been brought into compliance with the state fire code at the direction and to the satisfaction of the East Greenwich Fire Marshal's office.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby extends its original variance granted to other East Greenwich facilities in file number 050228 to the Swift Gymnasium.  Accordingly, all of the terms and conditions outlined for the other places of assembly within the Town of East Greenwich shall be equally applicable to the Swift Gymnasium at the direction and to the satisfaction of the East Greenwich Fire Marshal's 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)].