The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn 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 an August 10, 2006 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the August 22, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the August 10, 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 grants the Applicant a time variance of 120 days from the July 1, 2006 deadline for sprinkler installation in order to allow the Applicant to provide this facility with approved sprinkler coverage at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby directs, as a condition of this variance, that the Applicant reduce the occupancy of this facility to one hundred nineteen (119) people until such time as the sprinkler system is fully installed and approved.  The Board hereby authorizes the Providence Fire Marshal's office to extend the above deadline for sprinkler coverage upon the showing of good faith efforts by the Applicant.  Finally, the Board requests that the Providence Fire Marshal's office conduct a final review of the fire alarm system within this facility at its earliest convenience.  The Board notes that the Providence Fire Marshal's office has advised it that it will attempt to conduct the fire alarm inspection and approval within ten (10) days of the hearing date.
	2-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6, 7, 8, 9 and 10 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to allow the Applicant to maintain the existing single means of egress from the basement of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement is a normally unoccupied area and shall not be open to the public.
	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 Providence Fire Marshal's office.
	15.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiency 15 by upgrading the fire alarm system within this facility with municipal connection, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	16-17.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to correct deficiencies 16 and 17 at the direction and to the satisfaction of the Providence Fire Marshal's office.  Specifically, the Applicant is directed to provide a test report of the local fire alarm system at the time of inspection and to provide the inspector with an approved quarterly fire alarm test report.  The Board further directs the Applicant to provide the facility with an approved fire department key box mounted on the front of the building, at the direction and to the satisfaction of the Providence Fire Marshal's office within the above time period.  
	18-20.  It is the understanding of the Board that the Applicant has corrected deficiencies 18, 19 and 20 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	21.  In light of the above variances and recommended plan of action, the Providence Fire Marshal's office is authorized to allow the Applicant to occupy this facility in accordance with the above conditions and plan of action.

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)].