The above-captioned case was scheduled for hearing on March 22, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, O’Connell, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  Vice Chairman Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Dion of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook 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 26, 2004 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the March 22, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the April 26, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1(a). (Lower level)  The Board hereby grants a variance in order to allow the Applicant to maintain the existing door dimensions and cited wood paneling on the Hunt Street side stairway of this facility.  This variance is based on structural hardship in light of the fact that the Applicant has sufficient egress for the number of people in this building.  The Board, as a condition of this variance, directs the Applicant to provide this facility with sprinkler coverage outlined in item #10 below.
	
1(b).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited parking lot egress in conjunction with the approved sprinkler coverage outlined in item #10 below.
	
1(c).  The Board hereby grants a variance in order to allow the cited vertical opening to the second floor to remain with the approved sprinkler and fire alarm coverage, to be installed in this facility.  The Board notes that this cited vertical opening is not marked as an exit, and is not required as part of the egress system of this facility.
	
1(a). (Upper level)  The Board hereby grants a variance in order to allow the Applicant to maintain the exit directly to the exterior on the Front Street side.  However, as a condition of this variance, the Board directs the Applicant to replace the locks on the doors of this egress with approved double keyed locks, installed at the direction and to the satisfaction of  the Central Falls Fire Marshal’s office, within 120 days of the date of this decision.  As a condition of this variance, the Board directs the Applicant to unlock these double keyed locks during all hours of occupancy of this facility.  
	
1(b).  The Board hereby grants a variance in order to allow the described exit path in upper level 1(b) to be maintained by the Applicant.  In granting this variance, the Board notes that the Applicant shall be providing this facility with approved sprinklers as outlined in item 10 below, and that the Applicant has provided this facility with approved municipally connected fire alarm coverage.  Finally, the Board notes that this facility has sufficient alternative egress.
	
1(c).  The Board hereby grants a variance in order to allow the applicant to maintain the cited third emergency means of egress behind the bar.  The Board directs the Applicant to remove any and all storage or other obstructions from this area, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2.  The Board hereby directs the Applicant to correct deficiency 2 [marked as deficiency 3(a)] by providing all of the cited egress doors with approved panic hardware, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
3. [marked as deficiency 3(b)]  The Board hereby directs the Applicant to remove the sliding bolts from the double exit doors at the direction and to the satisfaction of the Central Falls Fire Marshal’s office, within 120 days of the date of this decision.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing approved exit signage in the pool room area at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by repairing the cited emergency lighting at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
6.  The Board hereby directs the Applicant to service or replace the cited fire extinguishers within fifteen (15) days of the date of this decision.
	
7.  The Board hereby directs the Applicant to properly upgrade the fire alarm system of this facility at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by providing the cited paneling with an approved flame resistant finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office, within 120 days of the date of this decision.  The Board notes that the entire upstairs hall shall be so treated within the above time lines.
	
9.  The Board hereby directs the Applicant to correct deficiency #9 by removing or repairing the cited electrical wiring or devices, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
10.  During the March 22, 2005 hearing on this matter, the Board was advised that the Applicant was working with three or four companies in designing the sprinkler system and also securing a loan for the sprinkler system.  Accordingly, the Applicant is requesting additional time to comply.  Accordingly, the Board grants the Applicant a time variance of six (6) months from the date of this decision, to either correct this deficiency by providing the sprinkler system or to return to the Board with a progress report, outlining the final time deadlines necessary for completion of this project.  As a condition of this variance, the Board directs the Applicant to work closely with the Central Falls Fire Marshal’s office in developing a time table and plan for completion of the sprinkler project.
	
11.  The Board hereby directs the Applicant to correct deficiency #11 by providing the facility with an approved locked key box on the exterior of the building to allow fire department access.  The Board directs the Applicant to install this locked key box at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.  

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)].