The above-captioned case was scheduled for hearing on May 6, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Coutu, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Arthur Christman and Keith Godena of the Jamestown Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Pearson.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a March 12, 2003 inspection report compiled by the Jamestown Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Jamestown Fire Marshal’s Office during the May 6, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 12, 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 the Applicant has corrected deficiency #1 by providing the kitchen and bar area of this facility with approved fire extinguishers installed at the direction and to the satisfaction of Jamestown Fire Marshal’s office.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Jamestown Fire Marshal’s office.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 by properly swinging the egress door in the direction of egress travel.
	
4.  During the May 6, 2003 hearing on this matter, the Board was advised that the Applicant has an alarm system within this building except for the main hall.  The Applicant is further requesting additional time in order to bring the main hall into compliance.  The Board hereby grants the Applicant a time variance of 120 days in order to extend the fire alarm system, on a limited basis, inside the main hall of this facility.  The Board further directs the Applicant to provide the main hall with an approved pull station, a new horn and horn strobe and temperature detectors.
	
The Applicant has requested the above relief in light of the fact that this building may become fully sprinklered in the near future.  Accordingly, the Board hereby leaves this file open in order to allow either the Applicant or the Jamestown Fire Marshal’s office to return and address any remaining deficiencies in this facility.  Until the fire alarm and sprinkler coverage issues are finally resolved, the Board directs that the occupancy of this facility shall not exceed 180 people at any one time.

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)].