The above-captioned facility was originally reviewed by a subcommittee of the Board on April 25, 2006 at 9:30 a.m.  At that time, the subcommittee reviewed each of the deficiencies in order to report back to the full Board.  The subcommittee recommendation was reviewed by the full Board during the scheduled April 25, 2006 hearing at 1:00 p.m.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 3, 2005 inspection report compiled by the West Warwick Fire Marshals Office. The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during both the subcommittee review and the full Board hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 2005 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.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with a properly contrasting address number at the direction and to the satisfaction of the West Warwick Fire Marshal's office within thirty (30) days of the date of this decision.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2.  However, in the event that there are any outstanding wiring violations, the Board hereby directs the Applicant to correct them, at the direction and to the satisfaction of the West Warwick Fire Marshal's office within thirty (30) days of the date of this decision.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3, however, in the event that the Applicant has not fully corrected this deficiency, the Board hereby directs the Applicant to correct the deficiency within thirty (30) days of the date of this decision.  
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4.  However, in the event that the Applicant has not fully corrected this deficiency, the Board hereby directs the Applicant to so correct deficiency 4 within fifteen (15) days of the date of this decision.
	5.  During the hearing on this matter, the Board was advised that the Applicant has shut down the draft system thereby eliminating the need for the compressed gas cylinders in the basement of this facility.  Accordingly, the Board hereby directs the Applicant to either secure or remove the cited gas cylinders, at the direction and to the satisfaction of the West Warwick Fire Marshal's office within thirty (30) days of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.1.1 in order to allow the Applicant to maintain the existing cited ceiling height of the basement within this facility.  This variance is granted on the basis of structural hardship.
	7.  The Board hereby grants a variance from the provisions of sections 13.2.1, 7.2.1.3.1, 7.2.1.3.2 and 7.2.1.3.5 in order to allow the Applicant to maintain the existing dimensions of the rear exit door landings and doors within this facility.  This variance is granted on the basis of structural hardship.
	8.  During the subcommittee review of this facility and the follow-up hearing, the Board noted that the rear exit door from the tavern does not open in the direction of egress travel.  The Board hereby grants a variance in order to allow the Applicant to maintain the cited door in the securely locked open position during all hours of posted occupancy.  The Board further directs the Applicant to provide the West Warwick Fire Marshal's office with the hours of posted occupancy.  The Board notes that the doors may be maintained in the open position by the use of two (2) eye hooks and a padlock.  In the event that the door is closed during the hours of posted occupancy, then the Applicant shall be directed to immediately correct this deficiency by properly swinging the door at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	9.  During the April 25, 2006 hearing on this matter, the Board was advised that the Applicant would correct that portion of deficiency 9 addressing the first floor exit door servicing the tavern by providing these doors with approved panic hardware and removing the deadbolts.  The Board was further advised that the Applicant has corrected the second portion of deficiency 9 by removing the dead bolts from the basement door.  The Board hereby grants a variance of 120 days from the date of this decision in order to allow the Applicant to repair the first floor exit doors servicing the tavern, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  Finally, the Board grants a variance in order to allow the rear tavern door to maintain a deadbolt requiring a key on the basis of security hardship.  However, the Board directs the Applicant to maintain this door open during all hours of public occupancy of this facility as outlined above.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by keeping the basement door that leads into the tavern in a closed position when the Applicant is not using the basement to either store or remove supplies.  The Board hereby shall allow the Applicant to maintain this door in the open position only during that period of time the Applicant is actively securing supplies or removing supplies from the basement of this facility.  As a condition of this variance, at all other times the door shall remain closed.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the cited emergency lighting for the exit discharge area at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days from the date of this decision.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by removing the cited thumb latches from the door servicing the first floor tavern and pool room area, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by sealing up the exposed open areas in the basement of this facility, to the best of the Applicants ability, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	14.  The Board hereby directs the Applicant to correct deficiency 14, as it relates to the walls of the tavern and pool room of this facility, by providing the walls with an approved Class A finish, at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days of the date of this decision.  The Board further directs the Applicant to correct the remainder of this deficiency, by replacing the fiberboard tile ceiling, at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 180 days of the date of this decision.
	15.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.3 in order to allow the Applicant to maintain the existing cited headroom in the rear stairwell of this facility.  This variance is granted on the basis of structural hardship.
	16.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and 7.1.8 and its referenced standards in order to allow the Applicant to maintain the existing height of the cited guards servicing the front stairs and landings.  This variance is also based on structural hardship.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by providing the cited doors to the hotel rooms with approved spring loaded hinges, installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  The Board further directs the Applicant to assure that all of the doors to the hotel rooms are least, at a minimum, 1 3/8 solid core doors having an approximate fire rating of twenty (20) minutes.  The above doors and hinges shall be corrected at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days of the date of this decision.
	18.  The Board hereby directs the Applicant to correct deficiency 18 by providing all of the cited doors servicing the exit stairways with approved panic hardware, installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days of the date of this decision.
	19.  The Board hereby grants a variance from the provisions of section 29.2.1 and 7.2.2.1.1 in order to allow the Applicant to maintain the existing dimensional criteria of the front and rear stairs of this facility.  This variance is granted on the basis of structural hardship.
	20.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and 7.2.2.2.2.2 in order to allow the Applicant to maintain the dimensional criteria of the existing curved stairs within this facility.  This variance is also based on structural hardship.
	21.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is also based on structural hardship.
	22.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and 7.2.2.4.4.2 in order to allow the Applicant to maintain the existing cited handrails for the hotels front stairs.  This variance is also based on structural hardship.
	23.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and 7.2.2.4.4.6 in order to allow the Applicant to maintain the existing graspability of the cited handrails within this facility.  
	24.  The Board hereby grants a variance from the provisions of section 29.2.1.1 and its referenced standards in order to allow the Applicant to maintain the cited closet under the main entrance stairs in accordance with the following safeguards.  The Board hereby directs the Applicant not to utilize the closet for storage and to remove all storage from this closet to the basement within fifteen (15) days of the date of the hearing.  The Board further directs the Applicant to lock this closet so as to prevent any storage from being placed within it.
	25.  The Board hereby directs the Applicant to correct deficiency 25 by providing proper access to the fourth floor fire escape at the direction and to the satisfaction of the West Warwick Fire Marshal as part of the plan of action outlined in item 26 below.
	26.  The Board hereby grants a variance in order to allow the Applicant to utilize the cited fire escape and window access as a second means of egress from this facility, in accordance with the following conditions.  The Board hereby directs the applicant to have the fire escape inspected by qualified personnel approved by the West Warwick Fire Marshal's office, to certify that the fire escape is in good repair and properly attached to the building.  The Board further directs that any repairs to the fire escape shall be completed prior to re-occupancy of the fourth floor of this building.  The Board further directs the Applicant to provide an approved proper surface from the fire escape to the back area of the building.  Finally, the Board hereby grants a variance in order to allow the Applicant to maintain the original dimensions of the fire escape and the location of the fire escape in proximity to the windows of this facility.
	27.  The Board hereby notes that deficiency 27 shall be addressed by the applicant as part of the plan of action outlined in item 26.  This deficiency is to be addressed prior to the re-occupancy of the fourth floor.
	28.  The Board hereby grants a variance from the provisions of section 29.2.1.2 in order to allow the Applicant to maintain the existing dimension of the fire escape windows on the basis of structural hardship.  In granting this variance, the Board directs the Applicant to make any additional corrections in accordance with the plan of action outlined in item 26 above.
	29.  The Board hereby grants a variance from the provisions of section 29.2.4.1 and 29.2.4.2 in order to allow the Applicant to utilize the fourth floor fire escape as modified under the terms of item 26, as a second means of egress from the fourth floor of this facility.
	30.  It is the understanding of the Board that the Applicant has corrected deficiency 30 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	31.  It is the understanding of the Board that the Applicant has corrected deficiency 31 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	32.  The Board hereby directs the Applicant to attempt to correct deficiency 32, to the best of his ability, at the direction and to the satisfaction of the West Warwick Fire Marshal's office by providing the boiler room with rated walls and doors with a domestic sprinkler head.  The Board hereby grants the Applicant a time variance of 180 days from the date of this decision in which to effect the above corrections.
	33.  The Board hereby directs the Applicant to correct deficiency 33 by providing either Class A ceiling tiles or a Class A finish on the ceilings of the hotel hallways and stairways of this facility.  The Board hereby grants the Applicant a time variance of 180 days from the date of this decision in order to make the above corrections.
	34.  The Board hereby grants the Applicant a time variance of 120 days in order to provide the existing cited hotel door jambs of this facility with approved solid core wood doors and UL equipped closures, maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	35.  The Board hereby directs the Applicant to correct deficiency 35 by repairing the latching hardware on the cited exit doors at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days of the date of this decision.
	36.  The Board hereby directs the Applicant to upgrade the fire alarm system of this facility and to provide additional smoke and carbon monoxide coverage, at the direction and to the satisfaction of the West Warwick Fire Marshal or designee, within 120 days of the date of this decision.
	37.  The Board hereby grants the Applicant a time variance until July 1, 2006 in order to vacate the fourth floor of this facility.  Once the fourth floor is vacated, it may only be re-occupied after a limited coverage sprinkler system is installed on the fourth floor with heads in the doorway of each room and in the other corridors and stairways, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.  The above sprinkler system may be domestically supplied, with proper engineering, providing there is sufficient water flow to this facility.  The system shall be installed prior to the re-occupancy of the fourth floor.
	38.  During the on-site review of this property, it was noted to the Board that there was carpeting on the front of the bar.  The Board hereby directs the Applicant to correct this deficiency at the direction and to the satisfaction of the West Warwick Fire Marshal's office within a timetable established by the West Warwick Fire Marshal's office.  
	Note:  The Board hereby notes that for good cause shown, the West Warwick Fire Marshal's office may extend any of the above time lines up to an additional ninety (90) days.

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)].