The above-captioned case was scheduled for hearing on April 29, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Coutu, Pearson and Burlingame were present.  The fire service was represented by Fire Marshal Tim McLaughlin of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
This facility was previously before the Board and the Decision was issued in file number 950003.  The Applicant has returned to the Board to request a recalculation of the occupancy for this facility.  It is the further finding and understanding of the Board that the current occupancy of this facility has been calculated at fifteen (15) square feet.  However, the Pawtucket Fire Marshal has advised the Board that the kitchen of this facility is being dismantled and will remain out of service and that his department feels that this move will create a safe nightclub environment.  In light of the above, the Applicant has requested a reduction of occupancy calculation to ten (10) square feet per person.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected.
	
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 23-28.6-3 in order to allow the Applicant to calculate the maximum occupancy of this facility at ten (10) square feet per person on an event-by-event basis as approved by the Pawtucket Fire Marshal’s office.  Each time an event is approved at ten (10) square feet, the Applicant shall provide at least one firefighter on duty at the direction and to the satisfaction of the Pawtucket Fire Marshal.  As a condition of this variance, the Applicant is directed to eliminate all cooking within the kitchen of this facility and to secure the cooking operation at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Finally, the Applicant is advised that the newly adopted Rhode Island Fire Code may have additional requirements covering this occupancy and those requirements must be met in order to maintain this variance.

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)].