The above-captioned case was scheduled for hearing on January 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Blackburn, Pearson, Dias and Filippi were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian, James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro 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 October 29, 2010 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 4, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 29, 2010 inspection report as its initial findings of fact.  Any modification of the Boards 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-6.  The Board hereby grants the Applicant a time variance of twelve (12) months from the date of this decision in order to allow the Applicant to correct deficiencies 1, 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board notes that these deficiencies address fire alarm issues and that this facility is now fully sprinklered with a connection to the fire department.  Finally, the Board hereby authorizes the East Providence Fire Marshals Office to extend the above time lines for good faith efforts being shown by the Applicant.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the cited weatherproof notification device at the exterior deck area prior to the opening of the deck in the spring of 2011.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by removing the non-conforming locking device at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiency 9 and an additional 150 days in order to implement the above plans at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Finally, the Board hereby grants the East Providence Fire Marshals Office the authority to extend the above timelines for good faith efforts being shown by the Applicant.
	10.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the second floor north stairway conditioned upon the Applicants voluntary reduction of the occupant load on the second floor, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  
	11.  The Board hereby grants a variance to allow the Applicant to maintain the existing cited conditions of the second floor north stairway.  
	12.  The Board hereby grants the Applicant a variance in order to allow the Applicant to maintain the existing dimensions of the second floor north stairway on the basis of structural hardship.
	13-14.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit plans for the correction of deficiencies 13 and 14.  The Board further grants the Applicant an additional 150 days in order to implement the above plans to provide proper interior finish in those areas noted by the East Providence Fire Marshals Office, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	15-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 15, 16 and 17 at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	18-21.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the correction of deficiencies 18, 19, 20 and 21.  The Board further grants the Applicant an additional 150 days in which to implement the above plans at the direction and to the satisfaction of the East Providence Fire Marshals Office.  
	22.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom on the third floor stairway of this facility at approximately eighty (80) inches.  This variance is granted on the basis of structural hardship.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency 23.
	24.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the correction of deficiency 24 and an additional 150 days in order to implement the above plans, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	25.  It is the understanding of the Board that the Applicant has corrected deficiency 25.
	26-28.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the correction of deficiencies 26, 27 and 28, and an additional 150 days in order to implement the above plans, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	29.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited electrical panels conditioned upon the Applicants installation of an approved main shut-off switch, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop plans for the installation of the main shut-off switch and an additional 150 days in order to implement the above plans.
	30.  The Board notes that all of the time variances granted above may be extended by the East Providence Fire Marshals Office for good faith efforts being shown by the Applicant.

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)].