The above-captioned case was scheduled for hearing on November 21, 2000 and a Decision, outlining a plan of action for this facility was issued on November 29, 2000.  
The Applicant has repartitioned the board to address a new deficiency cited pursuant to the provisions of Section 23-28.6-11(a).  The new petition was scheduled for hearing on November 12, 2002 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioner Filippi, Coutu, Pearson, Wahlberg and Newbrook were present.  There was no representative from the fire service.  However, the Applicant advised three Board that he had discussed this issue with the Bristol Fire Chief and that the Chief had no objection to the requested variance.  During the last case reviewed by the Board regarding this building, the Board directed the Applicant to secure the Bristol Fire Chiefs written confirmation that he had no objection.  Accordingly, out of an abundance of caution in this case, the Board again directs the Applicant to secure written confirmation by the Bristol Fire Chief that he has no objection to the variance granted herein. A motion was made by Commissioner Wahlberg and seconded Commissioner Newbrook to grant the Applicant relief as outlined herein contingent upon receipt of written confirmation that the Bristol Fire Chief had no objection.  The motion was unanimous.

FINDINGS OF FACT

	The Board hereby adopts its original findings in File No:  200090 as its initial finding of fact in this case.  The Board further finds that the Applicant is currently involved in the renovation of the courtroom area of this facility.  Specifically, the Applicant is engaged in the reconstruction and strengthening of existing risers with fourteen foot two inch (142) long seating areas with a single exit aisle permitting a nine (9) seat maximum at eighteen (18) inches minimum first seat allowance.  The Board further finds that the State Historic Commission has requested that the sole surviving original historic front benches be maintained and that the Applicant further be allowed to accommodate handicap spaces.   Finally, it is the understanding of the Board that the Bristol Fire Chief has no objection to the Applicants plan of action for this limited use facility.  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(I3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of Section 23-28.6-11(a) in order to allow the Applicant to maintain the existing historic front benches within this courtroom area and to further maintain the existing risers.  The Applicant is further permitted to maintain a nine (9) seat maximum with eighteen (18) inch minimum per seat instead of a seven (7) seat maximum.  In granting these variances, it is the understanding of the Board that this area has direct access to a fire rated staircase and it is fully sprinklered.   It is the further understanding of the Board that this area is utilized for a limited town meeting purpose and that the bench seats and other seating in this area shall be properly secured to the floor.  Finally, it is the understanding of the Board that the Bristol Fire Chief has no objection and, as a condition of this variance, the Applicant is directed to provide the Board with written confirmation of the fact that the Bristol Fire chief has no objection to this variance.
	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)].