The above-captioned case was scheduled for hearing on February 5, 2009 at 9:30 A.M.  At that time, a subcommittee of the Board consisting of Chairman Coutu and Commissioners Dias, Filippi and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Jasparro to recommend to the full Board that it grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.
	The subcommittee recommendations were thereupon presented to the full Board on February 10, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Walker, Pearson and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Pearson and seconded by Vice Chairman Newbrook.  The motion was unanimous to grant the Applicant relief as outlined herein.  Finally, the Board notes the original opposition of Commissioner Dias.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 19, 2007 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 February 5, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 2007 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  During the February 5, 2009 subcommittee hearing on this matter, the Board was advised by the Applicant that it planned to limit the occupancy of this facility and that it planned to further reduce the occupiable space on the second floor to ensure that there will not be overcrowding.  Specifically, the Board notes that this building was originally calculated with a less concentrated use (occupant load factor of fifteen (15) square feet) of 305 people.  In accordance with the Applicants plan to reduce the actual square footage available for public occupancy in this facility, the occupancy shall fall below the threshold for sprinkler coverage.  Accordingly, the Board approves the Applicants plan to reduce the occupiable space on the second floor with the installation of a mechanical room to house the air conditioning and heating systems and to further provide the State Fire Marshal's office with a plan of permanent seating on the second floor based on a posted occupancy of 152 people.  Accordingly, the Board finds that the total revised occupancy of this facility shall be such that a sprinkler system will not be required.  The Board notes the objection on the record of the State Fire Marshal's office and further notes that if any special events are requested that would temporarily exceed the posted limits, these must be pre-approved by the Anthony Fire Chief with one or more detail firefighters posted to ensure code compliance and rapid evacuation if necessary.  Finally, the Board directs the Applicant to replace the exit sign on the second floor.
	8-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of sections 13.2.2.3.1 and 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited dimensions of the stairway stairs located in the northeast corner of the building leading to the banquet hall on the second floor.
	12-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13 and 14 at the direction and to the satisfaction of the State Fire Marshal's office.
	15.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.2.5.1 in order to allow the Applicant to maintain the cited exit ramp on the west side of the building with its current dimensions and slope.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	16.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.3 in order to allow the Applicant to maintain the existing cited headroom in the basement exit stairway based on structural hardship.  In light of the fact that this is a non-public space, the State Fire Marshal's office has no objection.
	17-20.  It is the understanding of the Board that the Applicant has corrected deficiencies 17, 18, 19 and 20 at the direction and to the satisfaction of the State Fire Marshal's office.
	21.  It is the understanding of the Board that the Applicant has corrected deficiency 21 in part by providing the kitchen of this facility with an approved portable K fire extinguisher.  However, the Board directs the Applicant to provide the extinguisher with an approved placard for its use within thirty (30) days of the date of this decision.
	22-23.  During the February 5, 2009 subcommittee hearing on this matter, the Board was advised that a boiler room door was installed and that the storage had been removed from this area.  Accordingly, the Board directs the Applicant to correct any remaining deficiencies as they relate to the boiler room to the best of their ability, at the direction and to the satisfaction of the State Fire Marshal's office within thirty (30) days of the date of this decision.  Specifically, if the State Fire Marshal's office is satisfied with the progress made by the Applicant in correcting the above deficiencies, then the Board shall be satisfied.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5(b)(4), if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.