The above-captioned case was scheduled for hearing on June 15, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Wahlberg, Preiss, Newbrook, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal James M. Buckley of the Coventry Emergency Services Division of Fire Prevention.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 April 27, 2004 inspection report compiled by the Coventry Emergency Services Division of Fire Prevention.  The above report was utilized by the Board, the Applicant and the Coventry Emergency Services Office during the June 15, 2004  hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 2004 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants the Applicant a time variance of 120 days in order to provide this facility with an approved fire alarm system, emergency lights and exit signs, installed at the direction and to the satisfaction of the Coventry Emergency Services Division of Fire Prevention.
	2. During the June 15, 2004 hearing on this matter, the Board was advised that the Applicant would be utilizing this facility in accordance with the less concentrated use formula.  Accordingly, the Board hereby directs the Applicant to provide the Coventry Emergency Services Fire Prevention Division with an approved floor plan for both the hall and the lounge of this facility.  The above floor plan should designate the maximum amount of people allowed within this facility in accordance with the less concentrated use formulas.  Accordingly, if the occupancy of this facility is less than 300 persons, the Applicant shall not be required to provide this facility with approved sprinkler coverage.  However, the above assumption is conditional upon continued compliance of the Applicant with the floor plan presented to and approved by the Coventry Emergency Services Division of Fire Prevention.
	3. The Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the existing conditions of the stairway between the first and second floor of this facility and to allow that stairway not to lead directly to the outdoors or to enclosed passageway.  In granting this variance, it is the understanding and direction of the Board that the second floor of this facility shall be limited to storage only and shall not otherwise be occupied.  It is the further direction of the Board that a solid core door within this area be locked at all times to prevent access by those other than management of this facility.  Finally, the Board directs the Applicant to provide an approved UL listed self-closing device on the solid core door within this area.  The above correction shall be at direction and to the satisfaction of the Coventry Emergency Services Fire Prevention Division, 120 days from the date of this decision.

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)].