The above-captioned case was scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Burlingame 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 Filippi 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 15, 2003 inspection report 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 May 20, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 15, 2003 inspection 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.  It is the understanding of the Board that deficiency #1 is informational in nature.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2 by checking the egress for this facility.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.6-3 in order to allow the Applicant to establish the maximum occupancy of this facility at two hundred twenty five (225) people on the basis of one (1) person per ten (10) square feet.  In granting this variance, the Board directs the Applicant to fully sprinkler this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal or provide this facility with a detail firefighter on duty any time the occupancy of this facility exceeds one hundred fifty (150) people.  Finally, the Board notes that the new occupancy levels of this facility could subject the Applicant to a mandatory sprinkler requirement under the fire codes currently being considered by the state.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 and is responsible for occupancy admission.
	
5.  The Board hereby grants a variance from the provisions of sections 23-28.6-7 in order to allow the Applicant to maintain the existing cited passageway.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal’s office has no objection in light of the fact that the Applicant has sufficient alternative egress.
	
6.  Note:  The report does not reflect a number 6.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with approved panic hardware.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing this facility with a local fire alarm system.

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)].