The above-captioned case was scheduled for hearing on July 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Pearson.

FINDINGS OF FACT

During the July 13, 2004 hearing on this matter, the Board was advised that this building contains two theaters with the upstairs theater built on wooden panels.  The Board was further advised and finds that it was the opinion of the Providence Fire Marshal that the wooden panels should have at least one hour fire protection construction.  The Fire Marshal’s office also recommended full sprinkler coverage throughout this facility.  The Board was further advised and finds that the Applicant, on past occasions, has reconstructed the stage areas without securing the necessary permits from the City of Providence.  This has heightened the concerns of the Providence Fire Marshal’s office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  In light of the Applicant’s agreement to fully sprinkler this facility, at the direction and to the satisfaction of the Providence Fire Marshal’s office, the Board hereby grants a variance from the provisions of section 12.4.5.3, 12.4.5.4 and 12.4.5.2 in order to allow the Applicant to utilize the existing stage and platform with an approved Class “A” or better finish, applied in accordance with the manufacturer’s specifications, at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The above finish shall also be applied on the metal components of the stage, if deemed necessary by the Providence Fire Marshal’s office.  As a condition of this relief, the Board directs the Applicant to provide this facility with an approved sprinkler system at the direction and to the satisfaction of the Providence Fire Marshal prior to any event.  The Board further directs the Applicant to limit the use of storage closets at the direction and to the satisfaction of the Providence Fire Marshal’s office and to provide approved fire fighter details during all performances on an ongoing basis, at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Finally, the Board leaves this file open in the event that the Applicant or the Providence Fire Marshal’s office has additional questions or needs additional guidance.

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)].