The above-captioned case was originally scheduled for hearing on April 4, 2006 and thereupon assigned to an on-site subcommittee of the Board.  The on-site subcommittee convened at the subject facility on July 17, 2006 at 8:30 A.M.  At that time, Vice Chairman Burlingame, Commissioner Preiss and Executive Director Coffey were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Chevalier of the Hope Jackson Fire Marshal's office and Chief Mark Ellis of the Potterville Fire Department.  The subcommittee recommendations were reviewed by the full Board on July 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and seconded by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 18, 2005 inspection report compiled by the Hope Jackson Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Hope Jackson Fire Marshals Office during the July 17, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 18, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited janitor closet outside of the auditorium with an approved fire rated door.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited area with sprinkler coverage at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited exit sign at the top of the stairs from the primary exit from the auditorium.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing approved fire exit hardware on the exit door from the auditorium to the top of the stairway of this facility, at the direction of the Hope Jackson Fire Marshal within thirty (30) days from the date of this decision.
	5-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing the cited railings on the exit discharge from the east stairway, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office within thirty (30) days from the date of this decision.
	11.  The Board hereby grants a variance from the provisions of section 7.2.2.5.1.1 in order to allow the Applicant to maintain the existing separation of the west stairway from the auditorium from the second floor level and the first floor lobby level in accordance with the following conditions.  This variance is granted pursuant to the Boards understanding and direction that the normal occupancy of the auditorium shall be maintained at 49 or fewer people.  The Board further directs the Applicant to contact the Hope Jackson Fire Marshal's office any time the occupant load is expanded from the above number due to a special occasion.  Specifically, the Applicant is directed not to expand the above occupancy for a special occasion until it secures a plan of action, from the Hope Jackson Fire Marshal's office, and fully complies with that plan of action, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	12-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 12 and 13 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	14.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 14 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	15.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 15 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.  The Applicant may either correct this deficiency by replacing the cited storage cabinet or securing documentation as to the proper rating of this cabinet, or by modifying the cabinet at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 to the satisfaction of the Hope Jackson Fire Marshal's office.
	17.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 17 at the direction and to the satisfaction of the  Hope Jackson Fire Marshal's office.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	19.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 19 by sealing the small pipe penetrations from the boiler room in the basement into the bottom of the west stairway and by providing sprinkler coverage on the large pipes, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	20-22.  It is the understanding of the Board that the Applicant has corrected deficiencies 20, 21 and 22 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	23.  The Board hereby grants the Applicant a time variance of twenty-four (24) months from the date of this decision in which to design a plan of action for providing a new second means of egress from the cited pipe gallery and by completing this plan of action at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office within the above twenty-four month timetable.
	24.  As outlined in item 23 above, the Board hereby grants the Applicant a twenty-four (24) month time variance in order to provide the pipe gallery with an approved second means of egress that does not exceed the one hundred foot travel distance.  As a condition of both the variances in this item and in item 23 above, the Board directs the Applicant to provide temporary fire alarm protection utilizing Detecto-Wire or a similar product acceptable to the Hope Jackson Fire Marshal's office throughout the pipe gallery area.  The Board directs that the wired heat detection be provided on a separate zone of the fire alarm system and that the system be in effect within sixty (60) days of the date of this decision.
	25.  It is the understanding of the Board that the Applicant has corrected deficiency 25 by properly labeling the circuit breakers.  The Board hereby directs the Applicant to provide the electrical room with approved separation by providing a motorized damper on the ventilation system leading to the electrical distribution room, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office within sixty (60) days of the date of this decision.
	26-31.  It is the understanding of the Board that the Applicant has corrected deficiencies 26, 27, 28, 29, 30 and 31 at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	32.  The Board hereby directs the Applicant to correct deficiency 32 by providing this facility with an approved upgraded fire alarm system, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office, within sixty (60) days of the date of this decision.
	33.  It is the understanding of the Board that the Applicant has corrected deficiency 33 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.
	34.  During the July 17, 2006 on-site review of this facility, it was brought to the Boards attention that the Applicant needed to correct the travel distance to an exit from the lower level control room area of this facility.  The Board notes that the Applicant has provided this area with approved rated doors.  The Board hereby grants the Applicant a time variance of twenty-four (24) months from the date of this decision to design an approved exit as part of the renovation plan for this facility and to install that exit at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.  The Board notes that the second emergency exit would most likely be centered within fairly close proximity to the control room at the direction and to the satisfaction of the Hope Jackson Fire Marshal's office.  However, the Applicant is free to design a compliant system as part of the overall renovations of this facility.
	35.  It is the understanding of the Board that the Applicant has corrected deficiency 35 by providing the cited area with sprinkler coverage.
	36.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to provide full sprinkler coverage throughout this facility with the exception of the pipe gallery that is to be protected by approved fire alarmed fire wire within sixty (60) days of the date of this decision.  The Board notes that permanent protection for the pipe gallery shall be either through heat detectors or sprinkler heads as part of the overall renovation of this facility.  Accordingly, the Board hereby grants the Applicant a time variance of twenty-four (24) months from the date of this decision in order to either provide sprinkler coverage or individualized heat detectors throughout the pipe gallery of this facility, at the direction and to the satisfaction of the Hope Jackson Fire Marshal's 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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].