The above-captioned case was scheduled for hearing on March 16, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, OConnell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner 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 a January 12, 2004 plan review 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 16, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 12, 2004 plan review 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 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 through 7. It is the understanding and the direction of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction, to the satisfaction and within a time frame established by the Providence Fire Marshal Office.
	8. During the March 16, 2004 hearing on this matter, the Board was advised and finds that the Providence Fire Marshals Office could not conduct a complete shut down of the power to the entire building in order to conduct an emergency lighting test.  However, the Board was further advised that those portions of the first floor and balcony area that were shut down had appropriately activated emergency lights.  In light of the above, the Applicant is requesting the Board to grant the Providence Fire Marshal authority to issue a temporary certificate of occupancy in the absent of a complete shut down of the power to this building.  At some point in the future when the Providence Fire Marshals Office is allowed to conduct a full test of the emergency lighting, it would then be able to authorize an issuance of a full certificate of occupancy.  In light of the above, the Board hereby grants the Applicants request to authorize the Providence Fire Marshals Office to approve the issuance of temporary certificate of occupancy in the absence of complete shut down of the power to this building.
9 and 10. The Board directs the Applicant to correct deficiencies 9 and 10 at the direction, and to satisfaction of the Providence Fire Marshals Office within a time table established by the Providence Fire Marshals Office.
	11. The Board hereby grants a variance from the provisions of section 13.2.5.5.2 in order to allow the Applicant to maintain the existing dimensions of the aisle 
accessway in the existing balcony of this facility.  This variance is granted on the basis of structural hardship and existing condition.  The variance is further granted on the basis of the fact that the Applicant has a full sprinkler and fire alarm system within this facility.  Finally, as condition of this variance, the Board directs that when bands are performing, the Applicant shall provide two (2) firefighters details, one (1) on the first floor and one (1) in the balcony of this facility.  This shall be a temporary measure until the Fire Board has an opportunity to conduct an on-site visit to the facility.  Once the on-site visit has taken place, this condition maybe lifted by further decision of the Board.  It is also the understanding and direction of the Board that the approval of the temporary certificate of occupancy for this facility shall be for thirty (30) day increments until the facility in question is brought into compliance with this decision.
	12, 13, and 14. The Board hereby directs the Applicant to correct deficiencies 12, 13 and 14 at the direction to the satisfaction and within a time table established by the Providence Fire Marshals Office.
	15. The Board hereby grants a variance from the provisions of section 13.2.5.6.5 and 13.2.5.6.5(1)(a) in order to allow the Applicant to maintain the existing tread dimensions in the stairway aisles as installed.  In granting this variance, the Board notes that the Applicant has provided additional handrails in this area and that the aisles are all lighted in the center.  This variance is also granted on the basis of structural hardship and in accordance with the plan of action to provide two firefighters details, one (1) on the first floor and one (1) in the balcony, until this requirement is addressed and reviewed by the Board in a separate decision.
	16 and 17. The Board hereby directs the Applicant to correct deficiencies 16 and 

17 at the direction, and to the satisfaction and within a time table establish by the 

Providence Fire Office.
	18. During the March 16, 2004 hearing on this matter, the Board was advised that the Applicant had an additional request for relief.  Specially, the Applicant requested relief on the smoke detection at the top of the stairwells within this facility.  It is the understanding of the Board that the Providence Department of Communication had no objection to changing the smoke detection to heat detectors on the top of the stairs prior to the issuance to a full certificate of occupancy.  Accordingly, the Board grants the above relief to substitute heat detection for the smoke detection at the top of the stairwells within this facility.  Finally, the Providence Fire Marshals Office is authorized to approve fixed seating in the Applicants lobby areas in accordance with an overall plan of action developed by the Providence Fire Marshals Office and the Applicant for this facility.  Note: As outlined above, as a condition of the variances granted herein, the Board has directed that when bands are performing, two (2) firefighter details, one on the first floor and one on the balcony level shall be assigned to this facility.  This assignment may be reviewed by the Board after an on-site visit to the facility.  In the event the Board determines that the firefighter detail should be modified in the future, the Board shall do so by a written decision.
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)].