The above-captioned case has been before the Board during several hearings and decisions were issued in file numbers 060942 and 060942A.  The above captioned case was most recently scheduled for hearing on March 20, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Pearson, Filippi, OConnell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Preiss to approve the proposed Plan C as submitted by the Applicant and/or any other plan that would physically reduce the occupancy of this facility to under 150 people, provided it is approved by the Providence Fire Marshal's office.  This motion was unanimous.  A second motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to close this file.  That motion also passed over the opposition vote of Commissioner Preiss.  

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file numbers 060942 and 060942A as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has developed a plan which it labels Plan C that will provide an egress passageway through this facility and reduce the capacity of the facility to approximately 145 people.  The Board further finds that the owner of the facility is in support of such a plan and would support the issuance of a building permit to effect the plan.  Finally, it is the understanding of the Board that the Providence Fire Marshal's office is in support of this plan of action.  It is the understanding of the Board that all other fire code deficiencies within this facility shall be corrected by the Applicant in accordance with the previous decisions. 
	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 approves Plan C for the reduction of the occupancy of this facility and the establishment of an egress passageway within this facility, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further approves any such plan that would physically reduce the occupancy of this facility to under 150 people that has been approved by the Providence Fire Marshal's office.
	2.  In light of the above, the Board hereby closes this file because all of the fire code deficiencies within this facility have been addressed at this time.

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)].