The above-captioned case was scheduled for hearing on July 17, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Pearson, Richard, Burlingame, Evans and O’Connell were present. Chairman Farrell recused himself from consideration of this case. The fire service was represented by Assistant Deputy State Fire Marshals George Calise and Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson 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 May 16, 2001 plan review report complied 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  July 17, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 2001 plan review 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby directs the Applicant to correct deficiency 1 at the direction and to the satisfaction of the Providence Fire Marshal.

2. The Board hereby directs the Applicant to correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshal.

3. The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal.

4. The Board hereby directs the Applicant to correct deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshal.

5. The Board hereby directs the Applicant to correct deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshal.

6. The Board hereby directs the Applicant to correct deficiency 6 at the direction and to the satisfaction of the Providence Fire Marshal.

7. The Board hereby directs the Applicant to correct deficiency 7 at the direction and to the satisfaction of the Providence Fire Marshal.

8. The Board hereby directs the Applicant to correct deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal.

9. The Board hereby grants a variance from the provisions of NFPA 13 section 4-14.4.1.1 in order to allow the Applicant to provide the said areas with an approved heat blower system installed at the direction and to the satisfaction of the Providence Fire Marshal.

10. The Board hereby grants a variance from the provisions of NFPA 13 sections 4-13.14.1 and 4-13.1.1 in order to allow the Applicant to maintain the space underneath a 1000 square foot dance floor without extended sprinkler coverage.  In granting this variance, is the understanding of the Board that the existing stage has sufficient sprinkler coverage.

11. The Board hereby directs the Applicant to correct deficiency 11 at the direction and to the satisfaction of the Providence Fire Marshal.

12. The Board hereby grants a variance from the provisions of NFPA 13 section 4-14.4.3 in order to allow the Applicant to maintain the existing sprinkler system without additional seismic protection.

13. The Board hereby directs the Applicant to correct deficiency 13 at the direction and to the satisfaction of the Providence Fire Marshal.

14. The Board hereby grants a variance from the provisions of section 4-1.5.4 in order to allow the Applicant to maintain the existing cited egress door swing provided the Applicant installed “cement filled columns” to prevent cars from blocking the above doors at the direction and to the satisfaction of the Providence Fire Marshal.

15. The Board hereby directs the Applicant to correct deficiency 15 at the direction and to the satisfaction of the Providence Fire Marshal.

16. During a July 17, 2001 hearing on this matter, the Board was advised that the Applicant has provided an approved interior wall and ceiling finish schedule to the satisfaction of the Providence Fire Marshal.  The Board hereby grants a variance from the provisions of sections 6-5.5 and 9-3.3.1 in order to allow the Applicant the options of either removing, treating or replacing the large existing stage curtain at the direction and to the satisfaction of the Providence Fire Marshal.

17. (Note)during a July 17, 2001 hearing on this matter, the Providence fire Marshal advised the Board that a previous Decision, issued prior to the fire safety improvements to this facility, had limited the occupancy of this facility to a maximum of 750 people.  The Providence Fire Marshal further advised the Board that actual calculated occupancy of this facility should now be 1199.  Accordingly, the Board hereby amends its original decision to allow a new occupancy load of 1199. 
	
In light of the new occupancy load, this facility is now reclassified as a Class A Place of Assembly.  Accordingly, the Applicant would now be required to provide at least one firefighter duty at all times.  However, in view of the fluctuation in the actual occupancy of this facility, the Board hereby grants a variance from the provisions of section 23-28.6-5 in order to allow the Applicant to provide a firefighter on duty only on Thursday, Friday, and Saturday nights and during any other nights and holidays during which the occupancy of this facility is at, or projected to be at, 1000 or more people.  The Applicant is further directed to work with the Providence Fire Marshal in developing a plan of action to allow long-term advance notice of all holidays and special events where the occupancy is projected to exceed 1000 people.  On any day or night in which there is no firefighter on duty, the Applicant is directed to immediately stop admissions once the actual occupancy load is 1000 people. The Applicant may only resume admissions upon notifying  the Providence Fire Department and securing a detailed firefighter on site. 
	 
Finally, the Board shall maintain this as an open file for a period of six months during which time either the Applicant or the Providence Fire Marshal may petition the Board for review, and or amendment, of the above plan of action.

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)].