The above-captioned case was scheduled for hearing on November 16, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Pearson, Dias, Walker and Filippi 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 Filippi and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 25, 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 November 16, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the October 25, 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.  (10-2831-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the correction of deficiency 1 and the remaining deficiencies within this facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board grants the Applicant an additional 150 days from the above timeline in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby authorizes the State Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  (10-2832-VN).  The Board hereby directs the Applicant to correct deficiency 2 within the time frames outlined in item 1 above by providing the corridors of this facility with approved smoke detection as part of the fire alarm system.
	3.  (10-2829-VN).  The Board hereby directs the Applicant to correct deficiency 3 within the time frames outlined in item 1 above, by providing the cited heat detection as part of the fire alarm system for this facility.  
	4.  (10-2835-VN).  During the November 16, 2010 hearing on this matter, the Board was advised that the total maximum occupancy of this facility would be reduced as outlined in item 5 below in order to maintain proper total egress capacity.
	5.  (10-2837-VN).  The Board hereby grants a variance in order to reduce the maximum occupancy of this facility to 299 people by removing seating for approximately thirty (30) people, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby grants the Applicant the time frames outlined in item 1 above in order to effect this plan of action for a permanent reduction in occupancy.
	6.  (10-2833-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by upgrading the manual fire alarm boxes to double action, at the direction and to the satisfaction of the State Fire Marshals Office.
	7.  (10-2834-VN).  In light of the reduction of occupancy as outlined in item 5 above, the Board hereby grants a variance in order to allow the Applicant to maintain the total maximum occupancy of 299 people and therefore not requiring a sprinkler system.
	8.  (10-2858-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by providing the cited panic hardware on the exterior doors.
	9.  (10-2830-VN).  The Board hereby directs the Applicant to correct deficiency 9 by providing the additional detection at the direction and to the satisfaction of the State Fire Marshals Office within the time frames outlined in item 1 above.
	10.  (10-2857-VN).  The Board hereby directs the Applicant to correct deficiency 10 within the time frames outlined in item 1 above, by providing the cited doors with approved panic hardware at the direction and to the satisfaction of the State Fire Marshals Office.

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)].