The above-captioned case was scheduled for hearing on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier, Frank Mills and Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Coutu 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 25, 2005 inspection report compiled by the Providence Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 4, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the July 25, 2005 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 directs the Applicant to correct deficiency 1 by providing the assembly occupancy of this facility with approved floor proximate exit signs, at the direction and to the satisfaction of the Providence Fire Marshal's office within 120 days of the date of this decision.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by maintaining an emergency plan on the premises, approved by the Marshal and by providing a club manager on duty who is trained by the State Fire Marshal's office in accordance with the emergency plan, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing an audible announcement of the location of the emergency exits prior to each act, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  The Board finds deficiency 4 to be informational in nature and further directs the Applicant to make any additional corrections deemed necessary by the Providence Fire Marshal's office in light of the non-separation of the occupancies of this facility.
	5.  The Board hereby directs the Applicant to attempt to correct deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that if the Providence Fire Marshal's office determines that this deficiency cannot be easily corrected, the Board shall grant a variance from the provisions of sections 13.2.2.2.1 and 7.2.1 in order to allow the Applicant to maintain the existing main entrance/exit door of the nightclub of this facility.  In granting this relief, the Board notes that there are four (4) remote means of egress servicing the nightclub, and that the Providence Fire Marshal's office did not appear to have an objection to the requested relief on the basis of structural hardship.
	6.  The Board hereby directs the Applicant to correct deficiency 6 as part of the fire alarm upgrade for this facility.  Specifically, the Applicant shall submit plans to the Providence Fire Marshal's office within thirty (30) days of the date of this decision.  The plans shall be reviewed by the Providence Fire Marshal's office within thirty (30) days of their submittal and the Applicant shall correct deficiency 6 along with fully upgrading the fire alarm system of this facility within 120 days of the completion of the plan review by the Providence Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing approved identification numbers on the front of this facility, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by sprinklering this facility at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the following schedule.  The Applicant is hereby directed to submit fully detailed sprinkler plans to the Providence Fire Marshal's office within thirty (30) days of the date of this decision.  The Providence Fire Marshal's office shall thereupon review these sprinkler plans within thirty (30) days of the date of submission.  The Applicant is then granted a time variance of 120 days from the date of the completed plan review in order to provide this facility with approved sprinkler coverage installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing this facility with an approved fire department key box mounted in the front of the building, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby directs the Applicant to upgrade the fire alarm system of this facility at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the following schedule.  The Applicant shall provide the Providence Fire Marshal's office with detailed plans for the upgrade of the fire alarm system of this facility and sprinkler system within thirty (30) days of the date of this decision.  The Providence Fire Marshal's office shall have thirty (30) days in which to review the plans.  The Applicant shall then upgrade the fire alarm system and install the sprinkler system within 120 days of the completion of the plan review by the Providence Fire Marshal's office.  
	11-15.  The Board hereby directs the Applicant to correct deficiencies 11, 12, 13, 14 and 15, relating to the hotel occupancy, at the direction and to the satisfaction of the Providence Fire Marshal's office within a timetable established by that office.
	16.  In light of the Applicants agreement to provide this facility with a sprinkler system, the Board hereby grants a variance from the provisions of sections 29.2.2.2.1 and 7.2.1.2.4 in order to allow the Applicant to maintain the existing dimension of the two (2) exit doors leading to the fire escapes of this facility.  This variance is based on structural hardship.

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)].