The above-captioned case was scheduled for hearing on November 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioners Blackburn and Jasparro 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 December 5, 2007 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 November 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the December 5, 2007 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved addressable local fire alarm system installed at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited stairs with an approved sheetrock assembly and a ninety-minute fire door at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of Life Safety Code table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions and construction of the stairs leading from the basement of the pub.  This variance is based on structural hardship and the fact that this is a normally unoccupied space.  Accordingly, the State Fire Marshal's office has no objection.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to develop a plan of action for the correction of deficiency 4 by providing a smoke barrier and door on the stairs leading from the basement to the tattoo parlor and diner, at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in which to implement those plans.  Finally, the Board hereby grants the State Fire Marshal's office the authority to extend either of the above timelines for good faith efforts being shown by the Applicant.  Finally, it is the understanding of the Board that the basement would maintain only minor dry storage and an electrical service.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by upgrading the fire extinguishers within this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by tying the suppression system into the fire alarm system of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by properly maintaining the emergency lighting within this facility.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the fire alarm system within this facility with a circuit breaker lock.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by properly mounting the fire extinguisher within the tattoo parlor of 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)].