The above-captioned case was originally scheduled for hearing on August 15, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Pearson, Wahlberg, O'Connell, Coutu, Richard, Evans, Burlingame and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel F. Isles of the Fire Providence Marshal’s Office. After an initial review of the matter, the Chairman assigned this matter to the subcommittee of the Board in order to conduct an onsite review.  The onsite review was conducted on August 22, 2000.  The findings of the subcommittee was thereupon reported back to the full Board during the regular meeting scheduled for 1:30 PM that day.  A motion to approve the subcommittee's recommendation was made by Commissioner Richard and seconded by Commissioner Coutu motion passed pursuant to unanimous vote of Chairman Farrell and Commissioners Wahlberg, Newbrook, Richard, Coutu, Pearson, O'Connell, Evans and Filippi.	

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a June 9, 2000 report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Fire Marshal’s Office during subcommittee review of this matter.  Accordingly, the Board hereby incorporates the June 9, 2000, report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.6-3(3) in order to allow the Applicant to maintain a maximum occupancy of 611 people in the Assembly area of this facility.

2. The Board hereby grants a variance from the provisions of section 23-28.6-6(a) in order to allow the Applicant to maintain the existing separation between the Assembly and Office areas of this building.  In granting this variance, it is the understanding of the Board that the Office occupancy is generally only three people and shall be limited to no more than eight people.

3. The Board hereby grants a variance from the provisions of section 23-28.6-7(d), in order to allow the Applicant to maintain the existing separation between the first floor Assembly areas and the remainder of this facility.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall seal off the holes in the existing floor/ceiling assembly, with approved fire rated materials, at the direction and to the satisfaction of the Providence Fire Marshal.  Finally, it is the direction of the Board that those portions of this facility, other than the proposed assembly and existing office space, shall remain unoccupied, sealed off and locked.  The space shall not be utilized for storage and shall only be accessible to the maintenance staff.

4. The Board hereby grants a variance from the provisions of section 23-28.6-8(a)(1) in order to allow the Applicant to maintain the non- rated stairways servicing the unoccupied space in accordance with the conditions outlined in item three above.

5.The Board hereby grants a variance from the provisions of section 23-28.6-7(a) in order to allow the Applicant to maintain the egress routes servicing the unoccupied space in accordance with the conditions outlined in item three above.

6. The Board hereby grants a variance from the provisions of section 23-28.6-8(a)(1) in order to allow the Applicant to maintain the non-rated mezzanine stairways servicing the unoccupied space in accordance with the conditions outlined in item three above.

7. Is the understanding of the Board that the Applicant has corrected deficiency 7 by properly swinging the cited doors at the direction to the satisfaction of the Providence Fire Marshal.  

8. The Board hereby grants a variance from the provisions of section 23-28.6-10(a) in order to allow the Applicant to maintain the existing mezzanine stairways as outlined in item three above.

9. The Board hereby directs the Applicant to correct deficiency 9 by providing this facility with approved exit signage at the direction, and to the satisfaction, of the Providence Fire Marshal, before occupancy.

10.(a)&(b) The Board hereby directs the Applicant to correct deficiencies 10(a)&(b) by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy.

11. The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy.

12. The Board hereby directs the Applicant to correct deficiency 12 by having the existing sprinkler system reviewed by a third party engineer for pressure, flow and configuration, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy.  After making the necessary repairs, the fully operational sprinkler system shall then be tied into the fire alarm system before occupancy.  In order to establish appropriate zones, the Applicant may be required to provide this facility with additional heat detectors, at the direction, and to the satisfaction, of the Providence Fire Marshal, or designee, before occupancy.

13. It is the understanding of the Board that the Applicant has corrected deficiency 13 to the satisfaction of the Providence Fire Marshal.

14. The Board hereby directs the Applicant to correct deficiency 14 as outlined in item 12 above.

15. During the hearing on this matter, the Board was advised that the areas outside of the nightclub will remain abandoned, unoccupied and used only for limited storage.  Accordingly, the Board directs the Applicant to maintain the spaces unoccupied as a condition of the variances granted herein. All limited storage must be approved by the Providence Fire Marshal.

16. The Board hereby directs the Applicant to correct deficiency 16 by providing this facility with an approved key box installed at the direction to the satisfaction of the Providence Fire Marshal before occupancy.

17. Is the understanding of the Board that the Applicant has corrected deficiency 17 by providing this facility with approved address numbers to the satisfaction of the Providence Fire Marshal.

18. Is the understanding of the Board that the Applicant has corrected deficiency 18 by removing the cited combustibles from the vacant storage areas of this facility.

19. Is the understanding of the Board that the Applicant has corrected deficiency 19 by properly swinging the cited doors, in the direction of egress travel, at the direction and to satisfaction of the Providence Fire Marshal.

20(a). It is the understanding of the Board that the Applicant shall heat this facility with approved rooftop units and shall abandon the remaining heat units within this facility.  

20(b).  The Applicant is hereby directed to correct deficiency 20(b) as outlined in item 12 above.  

20(c).	It is the understanding of the Board that the Applicant has corrected deficiency 20(c) to the satisfaction of the Providence Fire Marshal. 

21. The Board hereby directs the Applicant to correct deficiency 21 by providing approved engineering review of the sprinkler system of this facility, as outlined in item 12 above, and to further repair all defects in the system, at the direction to the satisfaction of the Providence Fire Marshal, before occupancy.

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 Applicant’s 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 Board’s 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 this Subcommittee Decision, within thirty (30) days of the mailing date of this Decision, by requesting a review by the Full Board.  Such a request does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].