The above-captioned case was scheduled for hearing on March 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 8, 2005 hearing on this matter, the Board relied on a September 21, 2004 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 March 8, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the September 21, 2004 inspection report as its finding of fact.  Any modification of the Boards findings, such as correction of deficiency by the Applicant shall be noted herein.  
	The Board further relies on a November 14, 2004 response to the original report by the Applicant.  The Board notes that this response establishes a plan of action for the correction of the deficiencies at this facility.  Accordingly,  the Board hereby also adopts the November 14, 2004 response to the plan of action as its 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, 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 REQUEST
1.	The Board hereby grants the Applicant a time variance of one hundred eight (180) days in which to fully implement the plan of action outlined in the Applicants November 14, 2004 letter.  As part of this plan of action, the Board shall allow the Applicant to maintain the existing wainscoting and mahogany paneling without an approved Class A finish provided the Applicant maintains sprinkler coverage throughout the egress system of this facility with an approved fire alarm system.  Specifically, the Applicant is directed to sprinkler those areas of mahogany in the egress system as identified during March 8, 2005 hearing, at the direction and to the satisfaction of the Providence Fire Marshals Office within 180 days of the date of this Decision.  The Applicant is further director to provide this facility with an approved fire alarm system and to fully implement its plan of action as outlined in November 14, 2004 letter, within one hundred eighty (180) days of this Decision.  Finally, if the Applicant anticipates holding large events in this facility, the Applicant is directed to work with the Providence Fire Marshals Office and provide a firefighter detail at the direction and to the satisfaction of the office for each event.

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)].