The above-captioned case was originally scheduled for hearing on July 31, 2007 and a decision was rendered in file number 060785.  The Applicant has returned requesting clarification on one item and additional relief.  Accordingly, the above captioned case was most recently scheduled for hearing on February 3, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby relies on its initial findings of fact, its decision in file number 060785.  In addition, the numbers of the decision below correspond with those of a revised inspection report dated February 3, 2009, submitted by the Applicant.  The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the February 3, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the revised 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 Board has previously addressed deficiencies 1 through 5.
	6.  The Board hereby grants the Applicant an additional time extension to correct deficiency 6 on or before November 1, 2011 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7-16.  It is the understanding of the Board that the Applicant has previously addressed deficiencies 7 through 16.
	17.  The Board hereby grants a variance from the provisions of section 7.2.2.4.1.1 in order to allow the Applicant to maintain the existing handrails at stair number two and stair number five which exist at one side of the stair runs.  The Board notes that the stairs are for access to non-public areas (mechanical and storage areas) used by the theater staff and for access my maintenance personnel only.  In light of the above limitations on the above stairways, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
	18-38.  It is the understanding of the Board that items 18 through 38 have been previously addressed by the Board, the Applicant and the Providence Fire Marshal's office.
	39.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to present the Providence Fire Marshal's office with a plan of action addressing deficiency number 39.  If the Applicants plan of action is acceptable to the Providence Fire Marshal's office, the Applicant shall have until November of 2010 to put this plan of action into effect at the direction and to the satisfaction of the Providence Fire Marshal's office.
	40-41.  It is the understanding of the Board that the Applicant, the Board and the Providence Fire Marshal's office have previously addressed items 40 and 41.
	42.  The Board hereby grants the Applicant a time extension until November 1, 2012 in order to correct deficiency 42 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	43-49.  It is the understanding of the Board that the Applicant, the Board and the Providence Fire Marshal's office have previously addressed items 43 through 49.
	50.  The Board hereby grants the Applicant a variance from the provisions of table 13.16 and table A.8.2.1.2 in order to allow the Applicant to maintain the existing non-conforming construction in assembly use above the allowed level of exit discharge as outlined specifically in the variance request found on item 50 of the February 3, 2009 revised report submitted by the Applicant.
	50(a)-50(c).  It is the understanding of the Board that the Applicant, the Board and the Providence Fire Marshal's office have previously addressed items 50(a), 50(b) and 50(c).
	50(d).  The Board hereby grants the Applicant a time variance until November 1, 2009 in order to correct deficiency 50(d) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	51-56(e).  It is the understanding of the Board that the Applicant, the Board and the Providence Fire Marshal's office have previously addressed items 51, 52, 53, 54, 55, 56(a), 56(b), 56(c), 56(d) and 56(e).

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)].