The above-captioned case was scheduled for hearing before a subcommittee of the Board on at September 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioner Pearson were present.  The fire service was represented by Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.
The subcommittee recommendations were thereupon presented to the full Board on September 21, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Walker, Blackburn, Preiss and Jasparro were present.  A motion to approve the subcommittee recommendations was made by Commissioner Jasparro and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination outlined below has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 14, 2010 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 September 16, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 14, 2010 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.  (10-2299-VN)  It is the understanding of the Board that the Applicant has corrected deficiency 1 and that the curtain on the stage and the draperies throughout the facility have been certified. 
	2.  (10-2316-VN)  The Board hereby directs the Applicant to correct deficiency 2 by properly repairing and maintaining the emergency lighting throughout this facility, at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office.  
	3.  (10-2317-VN)  The Board hereby directs the Applicant to correct deficiency 3 by reversing the swing of the cited door on the bathroom at the front of the building in order to prevent blockage of the egress door.  The Board hereby directs the Applicant to correct this deficiency at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office.
	4.  (10-2303-VN)  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited front exterior door swing over the stairs in the absence of a landing on the basis of structural hardship.
	5.  (10-2374-VN)  The Board hereby grants the Applicant to post the occupancy of this facility at 748 people and to further allow for the Applicant to maintain a less concentrated use occupancy based upon fifteen (15) square feet per person with tables and chairs below the 748 maximum occupancy, provided the Applicant maintains a diagram of this occupancy at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (10-2300-VN)  The Board hereby directs the Applicant to provide the State Fire Marshals Office with a plan of action for the correction of deficiency 6.  The Board notes that the plan of action may be compliance with the fifteen-point plan for egress system doors for Places of Worship.
	7.  (10-2304-VN)  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with an approved handrail for the front stairs, at the direction, to the satisfaction and within a timetable established by the State Fire Marshals Office.
	8.  (10-2318-VN)  It is the understanding of the Board that the Applicant has provided this facility with sprinkler coverage.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the cited wood paneling in the assembly area.
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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).