The above-captioned case was scheduled for hearing on December 6, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Deputy State Fire Marshal Joseph Barroso of the State Fire Marshals Office.  A motion was made by Commissioner Pearson 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 an October 19, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the December 6, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the October 19, 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 Authority Having Jurisdiction (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 a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing separation between the apartments and the assembly portions of this facility.  In granting this variance, the Board directs the Applicant to provide this area with a limited area sprinkler system and sheetrock assemblies, installed at the direction and to the satisfaction of  the State Fire Marshals office.
	2.  The Board hereby grants a variance from the provisions of section 7.1.10.1 in order to allow the Applicant to maintain the cited limited condition.  In granting this relief, the Board directs the Applicant to further upgrade the existing handrails on the stairs leading from the apartments to the designated area, at the direction and to the satisfaction of the State Fire Marshals office.
	3.  The Board hereby grants a variance from the provisions of section 7.1.10.1 in order to allow the Applicant to maintain the existing egress from apartments 1 and 3.  In granting this variance, it is the understanding of the Board that apartment one has its own stairway directly to the exterior and that the maximum travel distance from the other two apartment doors to the stairwell to the exterior is approximately fifteen (15) feet.  As a further condition of this variance, it is the understanding of the Board that the limited area sprinkler system would provide additional protection of the dwelling units egress.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 and has removed the cited deadbolts from the egress doors.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing the cited tavern egress door with approved panic hardware.
	6.  The Board hereby grants a variance from the provisions of section 7.1.5.2 in order to allow the Applicant to maintain the existing headroom in the cited kitchen preparation area.  In granting this variance, the Board directs the Applicant to provide the area with approved signage, and the Board notes that this area shall not be open to the public.  Finally, this variance has been based on structural hardship.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing an approved color coding on the fire alarm breaker of this facility within 120 days of the date of this decision.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by maintaining the approved fire alarm breaker in the locked and on position.  The Board notes that all other deficiencies that need to be addressed, shall be addressed by the Applicant within 120 days of the date of this decision, at the direction and to the satisfaction of the State 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 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)].