The above-captioned cases were originally before the Board on November 28, 2006.  At that time the parties agreed to allow the Applicant to develop a plan of action with the State Fire Marshals Office and to present that information to the Board at a subsequent hearing.  The above captioned cases were thereupon rescheduled for hearing on January 9, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook and Preiss were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn to accept the Applicants plan of action as outlined herein.  The motion was unanimous.  Prior to the issuance of the final decisions in this case, the Applicant has returned to the Board requesting additional relief.  Accordingly, the Applicants request for another hearing was rescheduled to May 15, 2007.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Jackson and Pearson were present.  The fire service was represented by Former State Fire Marshal and Providence Fire Chief George Farrell of the Providence Fire Department along with Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  At that time, Commissioner Pearson made an initial motion, seconded by commissioners Richard and Blackburn, to allow the operation of the Louisa Street facility without sprinkler coverage and to further allow the Louisa Street facility to be occupied.  A second motion was made by Commissioner Jackson and seconded by Commissioner Richard to grant the Applicant an additional time variance of 120 days to bring the remainder of these facilities into compliance at the direction and to the satisfaction of the State Fire Marshals Office.  Both motions passed unanimously. 

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a specific inspection report covering each of the subject facilities.  The 550 Branch Avenue facility is covered by a November 17, 2006 inspection report compiled by the State Fire Marshals Office.  The 33 Maple Avenue/498 Wanskuck Avenue facility was covered by an inspection report dated September 19, 2006 compiled by the Providence Fire Marshals Office.  The 90 Ives Street facility is covered by an inspection report compiled on January 16, 2006 compiled by the State Fire Marshals Office.  The facility located at 33 Atwood Avenue in Providence is covered by a May 2005 inspection report compiled by the State Fire Marshals Office and the facility located at 1 Louisa Street is covered by a March 7, 2006 inspection report compiled by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the above hearings on this matter.  Accordingly, the Board hereby incorporates the above cited reports as its initial findings of fact.
	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 the State Fire Code, or as approved in particular by the Authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
A.	 550 BRANCH AVENUE 050200
1-7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to correct deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshals Office.
8.  Based upon the comparable exception to sprinkler coverage found in RIGL 23-28.6-21(b)(VI), the Board hereby grants the Applicant a variance from the sprinkler coverage requirements of sections 23-28.6-21 and 13.3.5.1.1.
9.  The Board hereby grants the Applicant a variance in order to limit the occupancy of the gymnasium not to exceed 500 people at any one time in order to allow the Applicant to maintain sufficient egress for that group.  The Board hereby directs the Applicant to advise the Providence Fire Marshals Office any time the occupancy of the gymnasium is projected to exceed 300 people and to develop a plan of action with a Providence Fire Marshal for that increase in occupancy.
10.  The Board hereby grants a variance in order to allow the Applicant to maintain one (1) official means and two (2) emergency means of egress from the pool area of this facility at the direction and to the satisfaction of the State Fire Marshals Office.
11-21.  The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to correct deficiencies 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 at the direction and to the satisfaction of the State Fire Marshals Office.
B.	 33 MAPLE AVENUE/498 WANSKUCK AVENUE, NORTH PROVIDENCE 050047
1.	 The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to correct deficiency 1 at the direction and to the satisfaction of the State Fire Marshals Office.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3.
4.	The Board hereby directs the Applicant to correct deficiency 4, if determined necessary by the State Fire Marshals Office, within 120 days from the date of this Decision.
5-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7 and 8 at the direction and to the satisfaction of the State Fire Marshals Office.
9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
10.  The Board hereby directs the Applicant to correct deficiency 10, if deemed necessary by the State Fire Marshals Office, within 120 days from the date of this Decision.
11-14.  The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to correct deficiencies 11, 12, 13 and 14 at the direction and to the satisfaction of the State Fire Marshals Office.
15.  Based on the comparable exception to sprinkler coverage found in RIGL 23-28.6-21(b)(VI), the Board hereby grants a variance from the sprinkler requirements of sections 23-28.6-21 and 13.3.5.1.1.  In addition, the Board hereby directs the Applicant to advise the North Providence Fire Marshals Office any time this facilitys expected occupancy will exceed 300 and to develop a plan of action with that office to provide safety for the larger crowd within this facility.
16.  The Board hereby directs the Applicant to correct deficiency 16 by installing a door within the cited stairway of this facility at the direction and to the satisfaction of the State Fire Marshals Office, within 120 days from the date of this Decision.
C.	90 IVES STREET, PROVIDENCE 050607
           1-2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to correct deficiencies 1 and 2 at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  Based on the comparable exception to sprinkler coverage found in RIGL 23-28.6-21(b)(VI), the Board hereby grants a variance from the sprinkler requirements of sections 23-28.6-21 and 13.3.5.1.1.
	4-10.  The Board hereby grants a time variance of 120 days from the date of this Decision in order to allow the Applicant to correct deficiencies 4, 5, 6, 7, 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshals Office.
D.	 33 ATWOOD STREET, PROVIDENCE 050386A
1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, and 4 at the direction and to the satisfaction of the State Fire Marshals Office.
5.	 The Board hereby grants the Applicant a time variance of 120 days from the date of this Decision in order to correct deficiency 5.
6-7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 6 and 7 at the direction and to the satisfaction of the State Fire Marshals Office.
8-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 8 and 9.
10.  Based on the comparable exception to sprinkler coverage found in RIGL 23-28.6-21(b)(VI), the Board hereby grants a variance from the sprinkler requirements of sections 23-28.6-21 and 13.3.5.1.1.  The Board notes that the actual occupancy of this facility would not generally exceed 300 based on the attendance reports for 2006.  However, in the event it is to exceed 300 people the Applicant shall first advise the Providence Fire Marshals Office and develop a plan for the safety of the additional occupants.
E.	1 LOUISA STREET, PROVIDENCE 060644
1.	 Based on the comparable exception to sprinkler coverage found in RIGL 23-28.6-21(b)(VI), the Board hereby grants a variance from the sprinkler requirements of sections 23-28.6-21 and 13.3.5.1.1 in order to allow the Applicant not to provide this facility with sprinkler coverage.  As a condition of this variance, the Board directs the Applicant to calculate the bleacher seats with the floor seating as the occupancy number for this facility and work closely with the Providence Fire Marshals Office in order to develop a plan of action for the safety of the occupants of this facility, at any point in time when an event within this facility exceeds 300.
2-15.	 Originally, the Applicant was directed to comply with deficiencies 2-15 prior to the re-occupancy of this facility.  However, during the May 15, 2007 hearing on this matter, the Applicant was allowed to immediately re-occupy this facility and further granted a time variance of 120 days from the date of this decision in order to correct deficiencies 2, 3, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the State 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)].