The above-captioned case was scheduled for hearing on May 1, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, OConnell, Pearson, Filippi, Jackson and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Karl Petsching of the North Scituate Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Blackburn and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an April 18, 2007 initial plan review report compiled by the North Scituate Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Scituate Fire Marshals Office during the May 1, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 18, 2007 report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, or clarification by the Board, 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants plan of action to calculate the occupancy of this facility at fifteen (15) square feet per person.  In so doing, the Board notes that the first level of this facility would be calculated for a maximum occupancy of 176 people, and that the basement of this facility would be calculated for a maximum occupancy of 66 people.  Accordingly, the total occupancy of this place of assembly would be calculated at 242 people.  The above calculation is hereby approved by the Board in determining the fire safety requirements for this facility.  
	As a condition of this calculation, the Board notes that this facility shall have a full coverage, municipally connected fire alarm system and that the new kitchen of this facility shall be provided with approved fire suppression.  The Board further notes that the Applicant is providing a substantial increase in the exit capacity width of this facility in order to be allowed the opportunity to temporarily increase the occupancy of this facility during special events, in accordance with a plan of action developed by the Applicant and approved by the North Scituate Fire Marshal's office.  Accordingly, the Board hereby authorizes the North Scituate Fire Marshal's office to approve temporary increases of occupancy of this facility during special events, provided that the proposed increased occupancy does not exceed the actual exit capacity of this facility.

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)].