This case was previously before the Board and the most recent decision was issued in file number 960176 on March 10, 2004.  The above captioned case was subsequently rescheduled for hearing on May 18, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Ronald Raposa and Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner and Coutu seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
This facility has appeared before the Board on several occasions with the most recent decision being dated March 10, 2004.  Accordingly, the Board hereby adopts its most recent decision in this matter as its initial findings of fact in this case. 
	
The Board further finds that the Applicant’s current theater on the first floor is temporary in nature and has limited seating capacity.  The Board further finds that the Applicant is requesting the Board to grant a variance from the code requirements regarding theaters until such time that the main theater on the second floor is completed and been provided with voice activation of the municipally connected fire alarm system.  It is the understanding of the Board that currently the municipally connected fire alarm system does not have the required voice component.  However, it is the understanding of the Board that in all of the specs the municipally connected fire alarm and the sprinkler system in this facility are in compliance with the code.  Finally, it is the understanding and finding of the Board that the Providence Fire Marshal’s Office has no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the above, the Board hereby grants the Applicant’s request for a variance from the code provisions regarding the voice activation component of the municipally connected fire alarm system for this facility in order to allow the Applicant to utilized this facility while the main theater on the second floor is being completed.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection.

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 Applicant’s 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 Board’s 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 Board’s 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)].