The above-captioned case was scheduled for hearing on August 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Sylvester and Burlingame were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals James Bellamy and Oscar Elmasian of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with both a June 15, 2012 inspection report covering this facility and a proposed plan of action submitted by the Applicant addressing the inspection report.  The above report and plan of action were utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the August 21, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the June 15, 2012 inspection report along with the proposed plan of action 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize his plan of action to reduce the occupancy of this facility to not more than one hundred (100) occupants, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Accordingly, the Applicant shall not be required to sprinkler this facility with the reduced occupancy.  In granting this relief, the Board directs that the Applicant maintain the street side gates locked open during all hours of occupancy, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	2.  In accordance with the variance granted in item 1 above in order to allow the Applicant to reduce the occupancy of this facility not to exceed one hundred (100) occupants, the Board finds that the Applicant shall not be required to provide this facility with a municipally connected fire alarm system.
	3.  The Board hereby reaffirms the original variance allowing the occupant to provide domestic suppression on the cited residential ranges.  The Applicant shall either maintain the domestic suppression system or remove the residential ranges.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing utilities separation with modifications suggested by the East Providence Fire Marshals Office.  Specifically, the Applicant is directed to make the area smoke tight and to provide domestic sprinkler coverage on the plywood areas, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Finally, it is the understanding of the Board that the Applicant shall provide the separation with an approved smoke door, also 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 which to submit its plan of action for this and any other corrections to the East Providence Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to fully bring this facility into compliance with the code at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	6.  In light of the reduction of occupancy of this facility as outlined in item 1 above, the Board notes that the Applicant shall not be required to provide music shut down for the music performed under the canopy of this facility.
	7.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited building on the pier.  As a condition of this variance, it is the understanding of the Board that there shall be no access under the pier from boats.

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)].