The above-captioned case was scheduled for hearing on September 19, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Preiss, Newbrook, Filippi and OConnell were present.  The fire service was represented by Chief Deputy State Fire Marshal Michael DiMascolo of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates the attached six (6) page building description by the State Fire Marshal's office as its initial findings of fact in this case.  The Board further finds that the State Fire Marshal's office had previously presented the Applicant with approximately eight (8) fire code deficiencies which the Applicant shall correct, at the direction and to the satisfaction of the State Fire Marshal's office, during the renovation of this facility.  The Board further finds that included in the above renovations will be a fully updated fire alarm and a complete sprinkler system.  Again, the Board finds that the fire alarm system and sprinkler system shall be installed at the direction and to the satisfaction and within a timetable approved by the State Fire Marshal's office.  Finally, the Board finds that the Applicant has come before it requesting variances on two (2) items.  The first item involves travel distance and the second item involves aisle width.  The above items shall be discussed below.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain a travel distance of eight (8) feet in excess of the allowed 250 feet of exit access traveling from a small portion of this facility.  In granting this relief, the Board notes that the vast majority of this facility falls well within the 250 feet and that the re-routing of travel from the above area would potentially be counter productive.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection in light of structural hardship and the absence of a reasonable alternative.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain a reduced aisle width in the seating bowl of this facility during the renovation of the Dunkin Donuts Center.  The Board notes that the above aisle width would comply with Chapter 13 as an existing condition and that the State Fire Marshal's office has no objection on the basis of structural hardship.  In granting this variance, the Board notes that the aisle width of the newly renovated seating bowl would be the same width of the existing aisles leading from the bowl to the egress system of this facility.  Accordingly, the variance is also granted in order to prevent a situation where egress traffic from the seating bowl would become obstructed upon entering the upper aisles.  The uniform aisle width would remain 42 (forty-two) inches from both the bowl and the upper levels.

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)].