The above-captioned case was originally scheduled for hearing on March 13, 2007 at 1:00 P.M.  At that time, the fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  An initial plan of action for this facility was thereupon approved by the Board.  However, on April 17, 2007, the Deputy State Fire Marshal advised the Board that an on-site review of this facility would be appropriate before the final Decision was implemented.  Since this request was made prior to the issuance of a written Decision, the Board held the matter in abeyance.
	A Subcommittee of the Board conducted an on-site review of this facility on August 22, 2007 at 10:30 AM.  At that time, the Executive Director and Commissioners Jackson and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gregory Unsworth of the North Providence Fire Prevention Office.  
The subcommittee recommendations, outlined below, were reviewed by the Board during a hearing commencing on August 28, 2007 at 1:00 P.M.  At that time, a motion was made by Commissioner Preiss and seconded by Commissioner Jackson to approve the subcommittee recommendations as outlined herein.  The motion was unanimous. 
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 8, 2006 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and North Providence Fire Marshals Offices during the onsite subcommittee review of this matter.  Accordingly, the Board hereby incorporates the November 8, 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, 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.	During the August 22, 2007 Subcommittee review of this facility, the Board was advised that the Applicant had installed sprinkler piping throughout the lower level of this facility and was under contract to complete installation of the upper level.  However, the Board was further advised that, while the facility could physically hold in excess of three hundred people, they historically held far fewer patrons.  This fact was verified by the North Providence Fire Marshals Office upon review of the business records provided, as verification, by the Applicant to that office. 
	In light of the above, the Board hereby grants a series of time variances as follows:
The Board hereby grants a time variance in order to allow the Applicant to complete the installation of sprinkler piping, throughout this facility, on or before March 1, 2008, at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
The Board hereby grants a second time variance in order to allow the Applicant to connect the above sprinkler piping to the existing domestic water service within this building, at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices, on or before November 1, 2008.  In the event that the domestic water supply will not properly support the NFPA 13 sprinkler system, or the Water Supply Board disapproves such an installation, the Applicant may avail himself of the third time variance outlined below.
The Board hereby grants a third time variance in order to allow the Applicant to separately connect the above sprinkler system to the municipal water service, on or before July 1, 2009, at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
	As a condition of the above time variances, the Board directs that the North Providence Fire Marshal shall post this facility at less than three (300) people and that the Applicant shall maintain such a limited occupancy until such time as the sprinkler system is fully operational and has been approved by the State and North Providence Fire Marshals Offices.  In addition, this time variance is limited to this particular Applicant and the current operation of this facility.  Further, the State and North Providence Fire Marshals may extend any of the above time frames for good faith efforts being made by the Applicant.  Finally, the State and North Providence Fire Marshals shall recalculate the occupancy of this facility once the sprinkler system is installed, fully operational and approved by those offices 
2.	The Board hereby grants a time variance, to allow the Applicant to correct Deficiency 2, by upgrading the fire alarm system, at the direction and to the satisfaction of the State and North Providence Fire Marshals, within ninety (90) days from the date of this Decision.
3.	The Board hereby grants a time variance, to allow the Applicant to correct Deficiency 3, by having all of the fire extinguishers inspected and certified, at the direction and to the satisfaction of the State and North Providence Fire Marshals, within two weeks of the date of this Decision.
4.	The Board hereby grants a time variance, to allow the Applicant to correct Deficiency 4, by upgrading the single action pull stations within this facility, at the direction and to the satisfaction of the State and North Providence Fire Marshals, within ninety (90) days from the date of this Decision.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the State and North Providence Fire Marshals.
6.	The Board hereby grants a variance, from the provisions of section 13.3.2.1.1, in order to allow the Applicant to maintain the existing construction of the cited furnace room, in light of the proposed sprinkler coverage outlined in item 1 above.
7.	It is the understanding of the Board that the Applicant has corrected Deficiency 7 to the satisfaction of the State and North Providence Fire Marshals.
8.	The Board hereby grants a variance, from the provisions of section 13.3.3.2, in order to allow the Applicant to maintain the existing flame spread rating of the cited paneling, in light of the proposed sprinkler coverage outlined in item 1 above.
9.	The Board hereby grants a time variance, to allow the Applicant to correct Deficiency 9, by repairing the emergency lighting in the kitchen, at the direction and to the satisfaction of the State and North Providence Fire Marshals, within two weeks of the date of this Decision.
10.	In light of the Applicants agreement to fully sprinkler this facility, as outlined in item 1 above, the Board hereby grants a variance from the provisions of section 7.2.2.5.1 in order to allow the Applicant to maintain enclosure of the cited stairway with the glass door and assembly on the upper level of this facility.  In the event that the Applicant wishes to maintain this door in the open position, he is hereby directed to provide it with an approved self closure and an approved magnetic hold-open device. 
11.	During the August 22, 2007 onsite review of this facility, the Deputy State Fire Marshal advised the Subcommittee that the Applicant would need additional handrail modifications.  Accordingly, the Board hereby grants the Applicant a time variance, of ninety (90) days from the date of this Decision, in order allow the Applicant to modify the handrails within this facility, at the direction and to the satisfaction of the State and North Providence Fire Marshals. 

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 Subcommittee Decision, within thirty (30) days of the mailing date of this Decision, by submitting a written request to be heard before the full Board.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].