The above-captioned case was originally scheduled for hearing on October 24, 2006 at 1:00 P.M.  At that time, it was determined that the facility should be reviewed by an on-site subcommittee of the Board.  Accordingly, a subcommittee of the Board, consisting of Chairman Coutu, Vice Chairman Burlingame, Commissioner Filippi, Commissioner Pearson and the Executive Director, conducted an on-site review of the facility on November 21, 2006 at 10:00 AM.  During the subcommittee review, the fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office. 
The subcommittee recommendations were reported back to the full Board, under old business, during the regular hearing on November 21, 2006 at 1:00 PM.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Pearson and Filippi were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	In accordance with the September 14, 2006 inspection report, the Board finds that this is a two-story building with a full basement.  During the onsite review, the Board further noted that the building appears to be of either Type III (200) ordinary construction or of Type IV (2HH) heavy timber construction.  The Board finds that this facility was built in approximately 1900.  The Board further finds that the bearing walls are of brick construction but that the remaining supporting structure was not readily exposed.
	The Board further finds that the building measures approximately 12,870 square feet in area.  The first floor contains two Class C places of assembly that were not subject to the onsite review of the Board and therefore not the subject of this Decision.  The Board finds that the second floor consists of a nightclub that maintains three (3) dedicated means of egress.  The Board further finds that the Applicant shall not utilize the cooking appliances in the kitchen of this facility and shall only serve food that does not generate grease-laden vapors during the preparation process. 
	The Board finds that the facility maintains a compliant sprinkler system, a compliant municipally-connected fire alarm system, emergency lights, traditional and floor-proximate exit signage.  The Board further finds that the square footage of the nightclub would allow for a total occupancy of four hundred (400) persons.  The Board further finds that the width of the three (3) remote exits provide for an exit capacity for approximately four hundred ninety (490) people.  Finally, the Board finds that the Providence Fire Marshals Office has restricted the above occupancy to three hundred (300) due to the capacity of what appears to be the main entrance/egress and the determined construction type of this facility.  However, the Board finds that the main entrance/egress is not well defined and that all three egress doors are utilized by the patrons.  The Applicant has requested review of the above occupancy restriction and to be allowed to maintain the originally established occupancy of four hundred (400) people.
	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.	The Board hereby authorizes the Applicant to increase the occupancy of this facility, by the increments outlined in the plan of action below, at the direction and to the satisfaction of the Providence Fire Marshals Office.  Specifically, the Applicant shall continue to work with the Providence Fire Marshals Office and fully implement the attached, agreed upon, 9-Point Safety and Crowd Management Program for Club Heat / DBA Level II.. 
	Upon the full implementation of the above 9-Point Safety / Management Program, and the establishment of an approved exit access door and approved second exit access route through the coat room area to the exit stairs servicing the exit door located in the north west corner of the building, the Providence Fire Marshal is hereby authorized to increase the total occupancy of the second level to three hundred and fifty (350) people.
	Upon implementation of the components of the above plan, and the establishment of an approved second exit access opening through the Richmond Street end of the division wall between the two assembly areas on the second floor, the Providence Fire Marshal is hereby authorized to increase the total occupancy of the second level to three hundred and seventy-five (375) people. 
The intent of the above opening is to provide remote access, from the northern assembly area, to the large egress door on the southern side of the building, through both ends of the assembly area division wall.  If this proposed new opening is not structurally possible, the Providence Fire Marshals Office is still authorized to grant the above occupancy increase by accepting the alternative of a major expansion of the exiting opening in the above division wall, at the direction and to the satisfaction of the Providence Fire Marshals Office.   
	Once the Applicant has fully implemented the above approved exit access plan of action, and further provided the existing sprinkler system in this area with quick response sprinkler heads, the Providence Fire Marshal is hereby authorized to post a final increase in the total occupancy of the second level of this facility at four hundred (400) people.
	The above plan of action is approved pursuant to the authority of the RILSC sections 13.1.1.2 and 13.2.3.6.5, the substantial construction components of this existing building, the absence of any cooking that would generate grease-laden vapors, and the fact that this building is fully sprinkled and further protected with a municipally-connected fire alarm system.  Also taken into consideration is the good faith exhibited by the Applicant in addressing the concerns of, and entering into an agreed-upon safety plan with, the Providence Fire Marshals Office.  

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)].