The above-captioned case was scheduled for hearing on June 7, 2005 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals George Calise and Stephen Moise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman Coutu to recommend the plan of action outlined herein to the full Board.  This matter was subsequently reviewed by the Board and approved on June 14, 2005.  

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a September 29, 2004 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the June 7, 2005 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 29, 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
	
1-4.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Providence Fire Marshal’s office on or before July 1, 2005.
	
5.  The Board hereby grants a variance in order to allow the Applicant not to provide an audible announcement of the location of the emergency exits prior to each and every act performed in this facility.  Instead, the Board directs the Applicant to make such an announcement on the hour each hour that the building is occupied.  In granting this relief, the Board notes that the acts themselves are three to four (3-4) minutes in length and that there are multiple acts each hour.  The Board deems hourly announcements to be reasonable in this case.
	
6-9.  The Board hereby directs the Applicant to correct deficiencies 6, 7, 8 and 9 on or before July 1, 2005.
	
10.  The Board hereby grants a variance in order to allow the Applicant to eliminate the cited ramps, but to replace them with approved steps and modified hand rails at the direction and to the satisfaction of the Providence Fire Marshal’s office within ninety (90) days of the date of this decision.
	
11.  The Board hereby grants a variance in order to allow the Applicant to maintain the wall construction of the central stairway on the north side of the building that communicates the upper level with the lower level of this facility.  In granting this variance, the Board directs the Applicant to provide approved sprinkler head coverage to wash the walls and to further install doors in the stairway at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Finally, it is the understanding of the Board that a third exit will be constructed from the upper level of this facility.
	
12-13.  The Board hereby directs the Applicant to correct items 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshal’s office, on or before July 1, 2005.
	
14.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the cited steel beam seventy eight and one half inches (78½”) above the floor of this facility.  In granting this variance on the basis of structural hardship, to allow the beam to be approximately one and one half inches (1½”) lower than called for under the provisions of the code, the Board directs the Applicant to provide the beam with an approved reflective tape installed at the direction and to the satisfaction of  the Providence Fire Marshal’s office.
	
15.  The Board hereby grants a variance from the provisions of sections 13.2.2.6 and 7.2.5.3.2 in order to allow the Applicant to maintain the existing construction dimension of the cited handicapped accessibility ramp on the southwest side of the upper level of this facility.  In granting this variance, it is the understanding of the Board that the ramp is built into the foundation of the building and that correcting this condition would impose a structural hardship on the Applicant.
	
16.  The Board hereby directs the applicant to correct deficiency #16 at the direction and to the satisfaction of the Providence Fire Marshal on or before July 1, 2005.
	
17.  The Board hereby directs the Applicant to work directly with the Providence Fire Marshal’s office in determining which exterior and interior stairs should be properly equipped with hand rails and which stairs, if equipped with hand rails, could create egress problems.  Accordingly, the Board hereby directs the Applicant to provide those hand rails, deemed necessary by the Providence Fire Marshal’s office, on the existing exterior and interior stairs, within ninety (90) days of the date of this decision.
	
18.  The Board hereby grants a variance from the provisions of section 13.2.3.6.1 to allow the main entrance/exit door on the upper level of this facility to maintain its current discharge capacity as modified herein.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved new swinging door to eliminate a bottleneck in the egress of this facility.  The Board further directs the Applicant to re-swing the door out of stairs into the main lobby.  Accordingly, the Board directs the Applicant to make the above corrections within ninety (90) days of the date of this decision.
	
19.  The Board hereby directs the Applicant to correct deficiency #19, at the direction and to the satisfaction of the Providence Fire Marshal, on or before July 1, 2005.
	
20.  The Board hereby directs the Applicant to correct deficiency #20 by providing this facility with an approved third exit, installed at the direction and to the satisfaction of  the Providence Fire Marshal’s office on or before December 31, 2005.
	
21-33.  The Board hereby directs the Applicant to correct deficiencies 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 at the direction and to the satisfaction of the Providence Fire Marshal’s office, on or before July 1, 2005.

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)].