The above-captioned case was most recently scheduled for hearing on March 24, 2009 at 1:00 P.M.  At that time, Acting Chairman Preiss and Commissioners Richard, Blackburn, Dias and Filippi were present.  Vice Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Stephen Hughes of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.

FINDINGS OF FACT
	This matter was previously before the Board and a decision in file number 050227 was issued by the Board.  Accordingly, the Board hereby adopts its findings of fact in file number 050227 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has submitted plans which call for additional office space in the above captioned facility.  The Board was further advised by the Applicants building official that there are generally no more than 85 people in this facility on a regular basis, and that the Town wishes to increase the occupancy to 253 people, which would include approximately ten (10) people in the new office space.  The Board further finds that the Applicant would comply with all remaining conditions.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby allows the Applicant to maintain a maximum occupancy of this facility of 253 people with any and all conditions previously imposed upon the occupancy of this facility by the Board and/or the East Greenwich Fire Marshal's office.  In addition, any time the occupancy is proposed to temporarily exceed the above number, the Applicant is directed to first seek approval of the East Greenwich Fire Marshal and present that office with a plan of action to address the increased occupancy and those safeguards to be taken during the temporary period of increased occupancy.

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)].