The above-captioned case was scheduled for hearing on June 9, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Horan of the North Providence Fire Marshals Office and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by commissioners Filippi and Richard 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 both a September 6, 2006 inspection report compiled by the State Fire Marshals Office along with a May 21, 2009 plan of action submitted by the Applicant.  The above report and plan of action were utilized by the Board, the Applicant and the State and North Providence Fire Marshals Offices during the June 9, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates both the September 6, 2006 inspection report and the May 21, 2009 plan of action 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	 The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in which to reduce the square footage of this facility in accordance with the May 21, 2009 plan of action, at the direction and to the satisfaction of the North Providence and State Fire Marshals Offices.  In addition, the Board directs the Applicant to provide the North Providence and State Fire Marshals with an approved floor plan for the table layouts for future occupancy of the assembly area and to limit the occupancy of the assembly area to only tables and chairs at any one time period.
2.	The Board hereby grants the Applicant a time variance of thirty (3) days from the date of this Decision in order to provide this facility with an upgraded municipally connected fire alarm system installed at the direction and to the satisfaction of the North providence and State Fire Marshals Offices.
3.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in order to submit plans for domestic water curtains on the existing doors of the main stairway on the first floor and lower level of this facility.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
4.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in order to correct deficiency 4 by providing the ten burner gas stove with approved fire suppression and alarm upgrades at the direction and to the satisfaction of the State and North Providence Fire Marshals Offices.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by bringing the cited paneling into compliance with the flame spread requirements.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by certifying the curtains throughout this facility.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the cited exit signage.
8.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in order to correct deficiency 8 by repairing the cited rear exit door located in the banquet hall.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the North Providence and State Fire Marshals Offices.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the North Providence and State Fire Marshals Offices.
11.	It is the understanding of the Board that the Applicant has corrected deficiency 11 at the direction and to the satisfaction of the North Providence and State Fire Marshals Offices.
12.	It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the North Providence and State Fire Marshals Offices.
13.	The Board hereby grants a variance from the provisions of section 13.2.2.2.3 and its referenced standards in order to allow the Applicant to leave the cited doors unlocked during all hours of occupancy at the direction and to the satisfaction of the North Providence Fire Marshal.  In addition, as a condition of this variance, the Board directs the Applicant to provide approved signage noting that the doors are to be unlocked during all hours of occupancy at the direction and to the satisfaction of the North Providence Fire Marshals Office.
14.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in order to address the doors to the coat room located in the stairways of both levels in accordance with the plan of action submitted by the Applicant on May 21, 2009.

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)].