The above-captioned case was scheduled for hearing on May 7, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 22, 2013 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 7, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 22, 2013 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 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 reduce the maximum occupancy of this facility to below fifty (50).  The Board further shall allow the Applicant to post this facility at forty-nine (49) people, at the direction and to the satisfaction of the East Providence Fire Marshals Office, with a seating plan approved by the East Providence Fire Marshals Office.  The Board notes that the resulting business occupancy would not be required to be provided with a fire alarm system, due to the limited square footage.
	2.  In light of the variance granted in item 1 above, the Board finds that item 2 is moot and not a violation of the State Fire Code.
	3.  The Board hereby grants a variance to allow the Applicant to maintain an outdoor smoking area provided that the Applicant does not lock the fence of this facility and places a spring on the gate, at the direction and to the satisfaction of the East Providence Fire Marshals Office and ensures that the area is open during all hours of occupancy.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing approved emergency lighting on the exterior of this building, including the smoking area, at the direction and to the satisfaction of the East Providence Fire Marshals Office, as a condition of the variance granted in item 3 above.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing non-separated furnace of this facility, conditioned upon the Applicants installation of an approved sprinkler head over the furnace, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to allow the Applicant to develop and submit a plan of action for the correction of the above deficiencies and the implementation of the above plan of action for this facility.  The Board grants the Applicant an additional 150 days in order 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 notes that the East Providence Fire Marshals Office may extend either or both of the above timelines 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)].