The above-captioned case was scheduled for hearing on September 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva, Richard Fournier and Steve Moise of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richards 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 7, 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 September 13, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 7, 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 grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved floor proximate exit signs, installed at the direction and to the satisfaction of the Providence Fire Marshals office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with an approved emergency plan, and by providing the facilitys crowd manager with approved training from the State Fire Marshal's office within 120 days of the date of this decision.
	3.  The Board hereby grants a variance from the provisions of section 13.2.3.6.1. in order to allow the Applicant to maintain the existing egress capacity of the main entrance/exit of this facility.  In granting this variance, it is the understanding of the Board that the Applicant shall maintain four (4) approved means of egress from this place of assembly and that the Applicant shall further either treat or remove the cited curtains in outlined in item 13 below.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the Providence Fire Marshals office.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct deficiency 5 by providing this facility with approved emergency lighting in the cited areas of the Providence Fire Marshals report.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by upgrading the municipally connected fire alarm system within this facility.
	7.  The Board hereby directs the applicant to correct deficiency 7 by providing the basement area with approved illuminated exit signs, installed at the direction and to the satisfaction of the Providence Fire Marshals office within 120 days of the date of this decision.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing approved spare sprinkler heads and sprinkler wrench in the sprinkler room of this facility within thirty (30) days of the date of this decision, 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 new sprinkler heads or removing the cited lighting in order to allow the sprinkler heads to be fully effective, at the direction and to the satisfaction of the Providence Fire Marshals office, within 120 days of the date of this decision.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the cited stairway within the assembly area with an approved handrail, installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing the assembly area with approved traditional exit signage.  The Board notes that the Applicant shall supplement the above exit signage with approved floor proximate exit signage as outlined in item 1 above.
	12.  During the September 13, 2005 hearing on this matter, the Board was advised that the Applicant had corrected the deficiency in item 12 as it relates to the rear means of egress from this facility.  The Board hereby directs the Applicant to correct the remainder of deficiency 12 as it relates to the front means of egress, at the direction and to the satisfaction of the Providence Fire Marshals office within 120 days of the date of this decision.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing the Providence Fire Marshal's office with approved documentation relating to the fire resistant rating of the floor to ceiling curtains within this facility.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to provide this documentation.  In the event the Applicant is unable to document the fire resistant rating of these curtains, the applicant shall have two (2) options.  Option 1 would be to remove the curtains within 150 days of the date of this decision.  Option 2 would be to treat the curtains within 150 days of the date of this decision.  Specifically, the Applicant shall have thirty (30) days in which to provide the documentation and then an additional 120 days to either correct or remove the curtains.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing the cited kitchen area and kitchen hallway with approved exit signage installed at the direction and to the satisfaction of the Providence Fire Marshals office
	15.  The Board hereby directs the Applicant to remove all of the combustibles from the electrical room of this facility within two (2) weeks of the date of this decision.
	16.  The Board hereby directs the Applicant to extend the sprinkler system of this facility to cover the rear storage room containing the catering service supplies.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to so extend the sprinkler system, at the direction and to the satisfaction of the Providence Fire Marshals office.
	17.  The Board hereby directs the Applicant to correct deficiency 17 as it relates to the cited sprinkler heads of the kitchen area of this facility, within 120 days of the date of this decision, at the direction and to the satisfaction of the Providence Fire Marshal.
	18.  The Board hereby directs the Applicant to remove the cited storage in the exit access point outlined in item 18 within two (2) weeks of the date of this decision, at the direction and to the satisfaction of the Providence Fire Marshals office.

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)].