The above-captioned case was scheduled for hearing on November 29, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Burlingame, Blackburn, Filippi, OConnell and Pearson were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson 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 August 28, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 29, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2005 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
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshals office.
	6.  The Board hereby grants a variance from the provisions of section 13.2 and section 7.2.1.4.2 in order to allow the Applicant to maintain the existing cited door swing provided that the Applicant installs a magnetic hold-open device on the cited door within thirty (30) days of the date of this decision.  The above device shall be installed at the direction and to the satisfaction of the State Fire Marshals office within the above time frame.
	7.  The Board hereby grants a variance from the provisions of sections 13.2 and 7.2.2.2 in order to allow the Applicant to maintain the existing cited dimensions of the stairway and stairs within this facility.  This variance is based on structural hardship in the absence of an objection by the State Fire Marshals office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the State Fire Marshals office.
	9.  The Board hereby grants a variance in order not to provide this facility with sprinkler coverage conditioned on the following.  As a condition of this variance, the Board directs that the occupancy for the upper level of this facility shall be set and maintained at forty-nine (49) people and the occupancy for the lower level of this facility shall remain at a maximum of eighty (80) people.  In the event the upper level occupancy is ever scheduled to exceed forty-nine (49), the Applicant is directed to immediately contact the Pawtucket Fire Marshals office and to work with that office in developing a plan of action for the temporary increase of occupancy.  The above plan of action shall be initially approved by the Pawtucket Fire Marshals office prior to any increase in 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)].