The above-captioned case was scheduled for hearing on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Wade Pallazini of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 March 28, 2006 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 April 4, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 2006 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, if possible, at the direction and to the satisfaction of the State Fire Marshal's office.  In the event the State Fire Marshal's office determines that further corrections are not possible, the Board hereby grants a variance in order to allow the Applicant to maintain the existing stairs, with any mandated corrections by the State Fire Marshal's office, to be maintained by the Applicant.
	2-6.  The Board hereby directs the Applicant to correct deficiencies 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the State Fire Marshal's office.  The Board notes that deficiency 6 shall be corrected with the application of a Class A paint.
	7.  The Board hereby directs the Applicant to submit a reconfigured floor space plan to the State and Johnston Fire Marshal's office.  The Board hereby authorizes the State and Johnston Fire Marshal's office to approve a permanent occupancy reduction of less than one hundred fifty (150) people for this facility.  The Board notes that the reduced occupancy shall be contingent upon any further safeguards deemed necessary by the State and Johnston Fire Marshal's office.  Finally, this variance is limited to the current owner of this facility and the current operation maintained within the facility.  Any change of owner or operation shall void this variance and the Applicant shall be required to return to the Board for review.  In light of the above occupancy reduction, the Board grants a variance in order to allow the Applicant to continue to protect this facility with a local fire alarm system.  However, the above fire alarm system shall be upgraded to provide for all of the necessary nightclub safeguards including but not limited to music shut-down.
	8.  In light of the above permanent occupancy reduction, to be approved by the State and Johnston Fire Marshal's office, the Board hereby notes that this facility would be exempted from sprinkler coverage, pursuant to the provisions of section 23-28.6-21(b)(iii).  However, the Board further notes that the exemption would only apply to this owner and the current operation of the facility.  In the event of a future change of owner or operation, this variance will be void and the State Fire Marshal's office will conduct a follow-up review in order to determine whether sprinkler coverage is necessary for the new occupancy.
	9-15.  The Board hereby directs the Applicant to correct deficiencies 9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the State and Johnston Fire Marshal's 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)].