The above-captioned case was originally scheduled for hearing on May 23, 2006 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed this case and recommended the relief outlined below to the full Board.  The case was thereupon rescheduled for review by a quorum of this Board on June 6, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook, Pearson, and Richard were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of this case.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby finds that the subject facility is a two-story assembly occupancy with basement, located on approximately 0.067 acres, originally constructed in 1930.  The Board further finds that the building was used primarily as a restaurant with a kitchen, bar, dining room and restrooms on the first floor.  The Board further finds that the second floor is presently under construction and appears to be used as a bar and additional dining area with a food preparation area, storage space, office space and rest rooms.  The Board further finds that the basement contains a prep kitchen, ancillary storage, a small laundry room, staff locker room and utilities.  The Board further finds that the spaces provided in the building are classified by the Life Safety Code as existing assembly and storage occupancies.  Finally, the Board finds that the Applicant and his representatives have been working with the Providence Fire Marshal's office to develop a plan of action that would include requesting relief for certain structural hardships and redundant safety systems within this facility and also include a plan for addressing all remaining deficiencies within this facility.
	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 grants a variance from the provisions of section 13.8.10.4.1.3 in order to allow the Applicant to maintain the existing pull station approximately seven (7) feet from the egress door of this facility.  The Board notes that the Providence Fire Marshal's office has no objection in light of the fact that the Applicant is maintaining a glass wall on the second floor of this facility.
	2.  The Board hereby grants a variance from the provisions of section 7.2.2.2.5.1.3 in order to allow the existing front stairway and door to remain as currently constructed and configured.  In granting this variance, the Board notes that this facility is fully sprinklered with a glass enclosure on the second level.  The Board further notes that it is being asked to reinstate a prior variance that was granted for this facility.
	3.  The Board hereby grants a variance from the provisions of section 7.7.7.2 in order to allow existing condition as to the visibility of the exit door from the center stairway and the separation from the floor below.  In granting this relief, the Board hereby directs the Applicant to provide additional exit signage and emergency lighting, which would be visible upon exiting the basement from the center stairway, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  The Board hereby grants a variance from the provisions of section 7.7.2.6 in order to allow the Applicant to maintain the existing construction of the basement ceiling and not to provide a one-hour fire resistant separation.  In granting this relief, the Board notes that the basement will be fully sprinklered and the occupancies incidental to the assembly.  It is the further understanding of the Board that the basement is utilized mostly for storage.  Finally, as a condition of this variance, the Board directs the Applicant to provide the basement exit doors with approved magnetic hold-open devices, at the direction and to the satisfaction of the Providence Fire Marshal's office, within 120 days of the date of this decision.

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)].