The above captioned case was scheduled for hearing on September 17, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi, Coutu, Wahlberg, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  The motion was thereupon made by Commissioner Wahlberg and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 17, 2002 hearing on this matter, the Board was advised and finds that this is an existing business occupancy with multiple tenants, which the Applicant plans to renovate into a place of assembly with a single tenant.  The Board further finds that an initial calculation of the occupancy of this facility would place the maximum occupancy in excess of three hundred (300) people.  Accordingly, automatic sprinkler system coverage would be required in accordance with the provisions of Section 6-3.5.1.  The Applicant has come before the Board requesting relief from the above provisions based on the following representations.  The Applicant advised the Board that the expected occupancy in the room would not exceed two hundred (200) people.  The Applicant further advised the Board that plans were drawn using RI State Building Code 1 allowing for one person per one hundred square feet to provide an occupant load of one hundred and forty-six (146) people.  The Board further finds that this building is fully equipped with a supervised fire alarm system and that the Applicant is requesting this relief only for the current proposed occupant.  Accordingly, in the event of a change of tenant, the owner is directed to either reappear before the Board and request additional relief or to bring this facility into compliance with Section 8-3.5.1.  Finally, it is the understanding of the Board that all other fire code deficiencies in this facility have been or shall be corrected by the Applicant.
	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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	The Board hereby grants a variance from the provisions of Section 8-3.5.1 in order to allow the Applicant to maintain a maximum occupancy of this facility of no more than two hundred (200) people.  Specifically, the posted occupancy for this facility shall be two hundred (200) people.  Accordingly, this building shall not be required to be equipped with a supervised automatic sprinkler system, in accordance with Section 7-7.  The above variance is based upon the fact that this building is equipped with an approved supervised fire alarm system.  Finally, the term of the above variance shall be limited to the occupancy of this facility by the current proposed tenant.  In the event the Applicant proposes future occupancy by a different tenant, the Board directs the owner to either bring this facility into compliance, or repetition the Board for review at that time.

	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.  
	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.   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.  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.  
	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)].