The above-captioned case was scheduled for hearing on March 16, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Coutu, Preiss, Newbrook and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Theodore Hopkins of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook 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 a March 8, 2004 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the March 16, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 8, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 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
	
1.  The Board hereby grants a variance in order to allow the East Providence Fire Marshal’s office to re-calculate the occupant load in this facility, considering proper aisle space and allowing for the re-calculation of space based on fixed seating.  The Applicant may also provide additional egress.  It is the understanding and direction of the Board that the Applicant shall provide this facility with approved sprinkler coverage and municipal fire alarm coverage if the occupancy is increased as outlined above.  The Applicant is hereby directed to submit sprinkler and fire alarm plans to the East Providence Fire Marshal’s office within thirty (30) days from the March 16, 2004 hearing date and that review by the East Providence Fire Marshal’s office shall be conducted within thirty (30) additional days.  Finally, the Applicant shall have 120 days from the date of the decision in order to install the sprinkler and fire alarm systems within this facility.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by upgrading the fire alarm system to the current standards of the fire alarm code at the direction and to the satisfaction of the East Providence Fire Marshal and to further provide the sprinkler with municipal connection.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with an approved fire department access key box.
	
4.  The Board hereby grants a variance from the provisions of section 7.2.2 in order to allow the Applicant to maintain the existing basement stairwells without additional handrails.  In granting this relief, the Board notes that the cited stairwells are not normally occupied space and only utilized by employees and service personnel who are familiar with the systems in place.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing the boiler room with an approved door and by equipping the electrical room door with an approved automatic closure and properly maintaining the door in good operating condition.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved emergency lighting at the direction and to the satisfaction of the East Providence Fire Marshal’s office.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with approved exit signage at the direction and to the satisfaction of the East Providence Fire Marshal’s office.  The Board hereby directs the Applicant to provide this facility with approved floor proximate exit signage at the direction and to the satisfaction of the East Providence Fire Marshal’s office within 120 days of the date of this decision.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of  the East Providence Fire Marshal’s office.
	
9. The Board hereby directs the Applicant to correct deficiency #9 at the direction and to the satisfaction of the East Providence Fire Marshal’s office by sealing off any penetrations in the boiler room area, at the direction and to the satisfaction of the East Providence Fire Marshal’s office, and by providing the boiler of this facility with an approved remote shut off switch, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s office, within 120 days of the date of this decision.

10.  The Board hereby directs the Applicant to correct sub-paragraphs 1, 2, and 3 of deficiency #10 by sealing the cited penetrations at the direction and to the satisfaction of the East Providence Fire Marshal’s office within 120 days of the date of this decision.  The Board further directs the Applicant to correct subsection 4 of deficiency 10 by providing an approved door at the bottom of the cited stairwell at the direction and to the satisfaction of the East Providence Fire Marshal’s office within 120 days of the date of this decision.  Finally, The Board hereby grants a variance from the provisions of section 13.3.1 in order to allow the Applicant to maintain the unenclosed second floor stairwell of this facility.  In granting this variance, it is the understanding of the Board that the above area is utilized as a manager’s office with two (2) bathrooms.  The Board further directs the Applicant to remove all bars from the second floor hallway windows to allow for emergency means of egress from this area.  The above variances are further based on the Applicant’s installation of a full sprinkler system and the Applicant’s representation that approximately seven (7) people would be the maximum to occupy the second level at any one time.  Finally, the Board grants the Applicant a time variance of 120 days from the date of this decision to comply with the above corrections.
	
11.  The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to maintain a single means of egress from the second floor with an emergency means of egress from the second floor window.  This variance is granted pursuant to the Applicant’s agreement to fully sprinkler this facility, and limit the occupancy of the second floor to seven (7) individuals.
	
12.  The Board hereby directs the Applicant to correct deficiency #12, by removing the security bars from the windows in the hallway of the second floor and all of the other security bars at the direction and to the satisfaction of the East Providence Fire Marshal’s office, within 120 days of the date of this decision.
	
13.  It is the understanding of the Board that the Applicant has corrected deficiency #13 by removing the cited storage from the basement of this facility.
	
14.  The Board hereby directs the Applicant to correct deficiency #14 by properly maintaining the south exit egress path at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.
	
15.  The Board hereby directs the Applicant to correct deficiency #15 by providing approved aisle access ways serving seating at the tables, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.
	
16.  The Board hereby directs the Applicant to correct deficiency #16 by providing the interior walls and ceiling finish with approved class A materials on the first and second floor of this facility, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.
	
17.  The Board hereby directs the Applicant to correct deficiency #17 by reviewing the heating and other mechanical equipment with both the East Providence Fire Marshal and the Mechanical Inspector of the City of East Providence and by complying with their plan of action to bring these systems into compliance with the code.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to so comply with the above directive.
	
18.  The Board hereby directs the Applicant to correct deficiency #18 at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.
	
19.  The Board hereby directs the Applicant to correct deficiency #19 by prohibiting all open flame devices and pyrotechnics from this place of assembly.
	
20.  The Board hereby directs the Applicant to correct deficiency #20 by providing all of the employees of this facility with approved training by the State Fire Marshal’s office in conjunction with the East Providence Fire Marshal as to the emergency exiting of this facility and the use of portable fire extinguishers.  The above training shall be completed within 120 days of the date of this decision.
	
21.  The Board hereby directs the Applicant to correct deficiency #21 by posting the second floor of this facility as a no-smoking area.
	
22.  The Board hereby directs the Applicant to correct deficiency #22 by always inspecting the means of egress of this facility prior to the opening of the building to the public.

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 Applicant’s 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 Board’s 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 Board’s 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)].