The above-captioned case was scheduled for hearing on May 24, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Preiss, Jasparro, Dias and Richard were present. Commissioner Walker recused himself from consideration of this case. The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian and James Bellamy of the East Providence Fire Marshals Office.  A motion was thereupon made by Commissioner Dias and seconded by Commissioner Richard 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 a March 11, 2011 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 May 24, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 11, 2011 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a time variance of thirty (30) days from the date of this Decision to develop and submit a plan of action, to the East Providence Fire Marshals Office, for the installation of an approved fire alarm system in this facility. The Board further grants the Applicant an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the East Providence Fire Marshals Office. Finally, the Board hereby grants the East Providence Fire Marshal the authority to extend either or both of the above time lines for good faith efforts being demonstrated by the Applicant. 
2  4	The Board hereby grants the Applicant the time variance, outlined in Item 1 above, to correct deficiencies 2, 3 and 4 as identified in the March 11, 2011 inspection report. 
5.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited handrail inside of the main entrance that leads to the upper level of this facility. In granting this variance based on structural and historical hardship, it is the understanding of the Board that the East Providence Fire Marshals Office has no objection due to the fact that this handrail only services four (4) to five (5) steps within this facility. 
6  10.	The Board hereby grants the Applicant the time variance, outlined in Item 1 above, to correct deficiencies 6, 7, 8, 9 and 10 as identified in the March 11, 2011 inspection report. 
11.	During the May 24, 2011 hearing on this matter, the Board was advised and finds that the cited cooking equipment is only occasionally used and that it is only used for the warming of food and therefore does not generate grease vapors. Accordingly, the Board finds Deficiency 11 to be moot.  
12  16. The Board hereby grants the Applicant the time variance, outlined in Item 1 above, to correct deficiencies 12, 13, 14, 15 and 16 as identified in the March 11, 2011 inspection report. 
17.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom of the rear interior stairway at the lower level of this facility. The Board grants this variance based on structural and historical hardship.
18.	The Board hereby grants the Applicant the time variance, outlined in Item 1 above, to correct deficiency 18 as identified in the March 11, 2011 inspection report. 
19.	During the May 24, 2011 hearing on this matter, the Board was advised and finds that the lower level of this facility is typically used once a week by approximately fifteen (15) people. Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing cited lower level meeting hall without sprinkler coverage conditioned upon the Applicants maintaining an actual posted occupancy of forty-nine (49) or fewer people in this area. In the event that Applicant wishes to exceed this lower level maximum for a special event, the Applicant must first secure the approval of the East Providence Fire Marshals Office and comply with any additional safeguards including the possibility of maintaining a detailed fire fighter during this special event.  

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)].