The above-captioned case was originally scheduled for hearing on June 24, 2008 at 1:00 P.M.  Pursuant to the request of the Providence Fire Marshals Office, the case was rescheduled for hearing on July 8, 2008.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals Office and Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioner Filippi and Commissioner Pearson. 
The Applicant and the Providence Fire Marshals Office subsequently returned to the Board with comprehensive plans of action covering both the subject nightclub (Club Element) located on the first floor and the separate nightclub (Level II) located on the second floor of this facility.  The plans of action were reviewed by the Board during its August 26, 2008 hearing.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Fournier of the Providence Fire Marshals Office.  At that time, Acting Chairman Newbrook, and Commissioners Preiss, Jackson, Jasparro, Walker and Dias were present.  Commissioner Blackburn was not present for this hearing.  The Board voted unanimously to approve the plans of action, void the original Decisions, and grant the Applicant the relief outlined below.

FINDINGS OF FACT
	The Board finds that the subject facility is an existing place of assembly (nightclub) occupancy located on the first floor of a structure located at 101 Richmond Street.  As such, the Board finds that the facility is located at the level of exit discharge. The Board further finds that there are four (4) independent means of egress from this facility. 
The Board finds that the subject facility is fully sprinkled. The Board further finds that this facility is protected by an approved municipally-connected fire alarm system. The Board further finds that the facility is currently operating and maintains the additional required fire safety systems such as approved emergency lighting and exit signage. 
The Board finds that the subject facility contains three (3) bar areas, two (2) restrooms, a storage room, a DJ booth and five (5) VIP seating areas. The Board finds that the remainder of the facility is an open floor area that both the Applicant and the Providence Fire Marshals Office have generally referred to as a dance floor or dance area in the submitted documentation and/or in the testimony taken.
The Board finds that, in this case, the main entrance/exit currently has an egress capacity of one hundred sixty-five (165) people thereby currently restricting the maximum occupant load to three hundred thirty (330) people. Accordingly, the Board finds that prior to any increase of occupancy, above three hundred thirty (330) people, the Applicant must first physically increase the main entrance/exit width in order to fully accommodate one half of the newly determined maximum occupancy to the satisfaction of the Providence Fire Marshals Office.  
The Board further finds that, by letter dated August 25, 2008, the Applicant and the Providence Fire Marshals Office have agreed to increase the capacity of the subject facility to three hundred ninety (390) persons provided that the Applicant comply with the attached 9-point fire safety plan for this facility and replace the main exit/entry door with a new steel door measuring three feet  eight inches (38) in width, by six feet  eight inches (68) in height, as outlined in the attached Exhibit B.    


CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby voids the original Decision in file number 080173. In addition, the Board hereby approves the attached plan of action as outlined in the parties August 25, 2008 agreement. Specifically, the occupancy of the first floor of this facility shall be increased to three hundred ninety (390) persons provided that the Applicant comply with the attached 9-point fire safety plan for this facility and replace the main exit/entry door with a new steel door measuring three feet  eight inches (38) in width by six feet  eight inches (68) in height as outlined in the attached Exhibit B.  Any future violation of the parties above agreement may be grounds for the Providence Fire Marshals Office to reduce the occupancy of the first floor of this facility to three hundred thirty (330) persons, in accordance with the agreement, subject to review by the Fire Board.   

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)].