This case was previously before the Board on June 17, 2003 and the Applicant was directed to return to the Board with a plan of action.  The above-captioned case was re-scheduled for hearing on July 1, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, Evans, Burlingame, Coutu and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion passed over the objection of Commissioner Richard.

FINDINGS OF FACT
	
During the July 1, 2003 hearing on this matter, the Board reviewed an inspection report, dated April 23, 2003, compiled by the Pawtucket Fire Marshal’s office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the July 1, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 23, 2003 report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.  During the July 1, 2003 hearing on this matter, the Applicant agreed to extend the existing sprinkler system within this building throughout the building.  The Applicant has requested a time variance in order to raise the appropriate funds for this project.  The Board hereby grants the Applicant a time variance of one year from the date of this decision in which to fully sprinkler this building.  During this period of time, the Applicant shall maintain a maximum occupancy of the building at three hundred or fewer people. 
	
2.  Once the Applicant has provided this facility with an approved sprinkler system, as outlined in item #1 above, the second floor occupancy of this facility may be calculated at three hundred and fifty people.  Prior to the allowed increase in occupancy, the Applicant is hereby directed to provide sufficient exit width for the rapid evacuation of the third floor at the direction and to the satisfaction of the Pawtucket Fire Marshal and further to provide the Pawtucket Fire Marshal with an approved floor plan indicating where the tables and chairs on the third floor would be permanently placed to maintain proper exit width.  Finally, the first floor occupancy shall remain at one hundred and twelve people with an approved floor plan presented to the Pawtucket Fire Marshal’s office.  As a condition of this variance, the Applicant is directed to maintain its policy of occupying only one level of this facility at a time.  In the event the Applicant needs to occupy both levels of this facility simultaneously, the Applicant is directed to first so advise the Pawtucket Fire Marshal’s office and provide this facility with the appropriate number of firefighters on duty to address that occupancy as determined by the Pawtucket Fire Marshal’s office.
	
3.  The Board hereby grants a variance in order to allow the Applicant to maintain the double leaf glass door currently utilized as a smoke barrier in this facility.  In granting this variance, the Board hereby directs the Applicant to maintain approved sprinkler coverage on the glass door.
	
4.  As outlined in item #2 above, the Board hereby directs the Applicant to provide this facility with at least one firefighter on duty any time both levels of this facility are utilized for assembly purposes.  Again, the Board notes that the total occupancy of this facility shall be restricted to three hundred people until the sprinkler system is extended throughout the building as outlined in item #1 above.

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 Applicant’s 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 Board’s 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 Board’s 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)].