The above-captioned case was scheduled for hearing on June 20, 2006 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn, Preiss, Richard and Newbrook were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State 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 a July 15, 2004 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the June 20, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 2004 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 date of this decision in order to correct deficiency 1 by re-swinging the cited egress doors, at the direction and to the satisfaction of the State Fire Marshal's office.
	2.  The Board hereby directs the Applicant to also correct deficiency 2 within the above 120 day period, at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  In light of the Applicants agreement to effectively vacate the regular occupancy of the balcony of this facility and to limit its potential occupancy to only scheduled tour groups of forty-eight (48) people or less, the Board notes that deficiency 3 has been rendered moot with the substantial reduction of the occupancy of this facility.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting.
	5.  The Board hereby grants the Applicant time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting.
	6.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved fire alarm system.
	7.  In light of the Applicants elimination of regular occupancy of the balcony of this facility, the Board hereby grants a variance from the provisions of section 7.2.2.3.6 in order to allow the Applicant to maintain the existing balcony stairs. 
	8.  In light of the Applicants agreement to eliminate the regular occupancy of the balcony of this facility, as outlined above, the Board hereby grants a variance from the provisions of section 7.2.2.3.6.2 in order to allow the Applicant to maintain the existing cited riser height.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing approved, quarterly fire alarm testing and maintenance, at the direction and to the satisfaction of the State and Foster Fire Marshals, within 120 days of the date of this decision.
	10-12.  In light of the Applicants agreement to eliminate regular occupancy of the balcony of this facility and to limit its use to sporadic tour groups of less than forty-eight (48) people, the Board hereby grants variances from the provisions of sections 13.2.4.7, 7.2.2.4.1, 7.2.2.4.4.2 and 13.2.5.5.4 in order to allow the Applicant to maintain the existing egress, handrails, and aisle seating clearance of the balcony of this facility.  Again, this variance is based upon the elimination of regular occupancy of the balcony.
	13.  In light of the Applicants agreement to eliminate regular occupancy of the balcony of this facility and to limit access to this area to scheduled tour groups of forty-eight (48) people or less, the Board notes that the total occupancy of this facility is well below the three hundred (300) people necessary to mandate sprinkler coverage.  Accordingly, the Board notes that deficiency 13 is moot and no longer required in light of the substantially reduced occupancy.
	14.  The Board hereby maintains this as an open file in the event the Applicant, the State Fire Marshal's office or the Foster Fire Marshal's office has additional questions or concerns relating to this facility.

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)].