The above-captioned case was scheduled for hearing on May 1, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Burlingame 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 3, 2012 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 1, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2012 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.  (12-536-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom in the stairways leading out of the boxing area of this facility.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection on the basis of structural hardship and that there is additional egress with direct access to the outside of this facility.  Finally, the Board notes that the following areas have been provided with sleeves and other protection, at the direction and to the satisfaction of the State Fire Marshals Office.
	2.  (12-537-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the exit access in the boxing and lower bingo area with ceiling projections of thirty-four inches (34) and to further allow the bingo area to maintain a ceiling height of seventy-seven inches (77) in certain areas.  Again, the Board notes that this variance is based upon structural hardship in the absence of an objection by the State Fire Marshals Office.
	3-10.  The Board notes that the remaining deficiencies outlined on the April 3, 2012 inspection report have been corrected by the Applicant.  Finally, the Board confirms the State Fire Marshals Offices understanding that the Applicant would only be required to maintain a Class C flame spread rating in those areas that are sprinklered within 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)].