The above-captioned case was scheduled for hearing on April 3, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, OConnell, Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner OConnell 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 February 11, 2005 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 April 3, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the February 11, 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, 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 REQUESTS
1-5.	It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshals Office.
6A.	The Board hereby directs the Applicant to correct deficiency 6A by resolving the 2-3 inch change in elevation on the dance floor at the direction and to the satisfaction of the Providence Fire Marshals Office.  In event the Providence Fire Marshals Office is satisfied with the proposed modification of the dance floor, the Board shall also be satisfied with the correction.
6B.	It is the understanding of the Board that the Applicant has corrected deficiency 6B at the direction and to the satisfaction of the Providence Fire Marshals Offices.
7A.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the Decision in order to correct deficiency 7A at the direction and to the satisfaction of the Providence Fire Marshals Office.
7B.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in order to correct deficiency 7B and shall properly maintain the cited sidewalk.
8A.	The Board hereby grants a variance from the provisions of section 7.1.10.2.1 in order to allow the Applicant to maintain the citied slop sink in the basement stairway of this facility.  In granting this variance, it is the understanding of the Board that the basement is not a normally occupied space and is never occupied by the public.
8B-C.	It is the understanding of the Board that the Applicant has corrected deficiencies 8B and 8C, at the direction and to the satisfaction of the Providence Fire Marshals Office.
9-10.	It is the understanding of the Board that the Applicant has corrected deficiencies 9 and 10, at the direction and to the satisfaction of the Providence Fire Marshals Office.
11.	The Board hereby grants a variance from the provisions of section 13.2.1 and 7.4.1.1 in order to allow the Applicant to maintain the current means of egress from the generally unoccupied basement of this facility.  Again, the Board notes that there shall be no public occupancy within the basement of this facility.
12.	During the April 3, 2007 hearing on this matter item 12 was originally held by the Board.  At the conclusion of the hearing the Applicant was advised to correct any remaining deficiencies within (30) days of the date of this decision.  Accordingly, the Board directs the Applicant to address deficiency 12 at the direction and to the satisfaction of the Providence Fire Marshals Office and if the Providence Fire Marshals Office is satisfied with the Applicants plan of action to address deficiency 12 the Board shall be satisfied.
13.	The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.7.2 in order to allow the Applicant to maintain a single exit from the not generally occupied basement of this facility.  In granting this relief the Board again notes that the public shall not be permitted in this area
14-16.	It is the understanding of the Board that the Applicant has corrected deficiencies 14, 15 and 16 at the direction and to the satisfaction of the Providence Fire Marshals Office.
17.	It is the understanding of the Board that the Applicant has replaced the cited sprinkler heads outlined in deficiency 17.  The Board hereby directs the Applicant to provide the Providence Fire Marshals Office with documentation that the sprinkler system has been properly maintained and tested within seven (7) days of the April 3, 2007 hearing date.
18.	The Board hereby directs the Applicant to correct deficiency 18 by providing the FDCs with approved caps in order to protect them from the entry of debris and trash at the direction and to the satisfaction of the Providence Fire Marshals Office within thirty (30) days of the date of this Decision.
19.	The Board hereby directs the Applicant to correct deficiency 19 by providing this facility with an approved fire department access box as part of the fire alarm system within the timetable outlined in item 32 below.
20-21.	It is the understanding of the Board that the Applicant has corrected deficiencies 20 and 21 at the direction and to the satisfaction of the Providence Fire Marshals Office.
22.	The Board hereby directs the Applicant to correct deficiency 22 and provide the Providence Fire Marshals Office with approved documentation of the at correction within seven (7) days of the April 3, 2007 hearing date.
	23-25.	The Board hereby directs the Applicant to correct deficiencies 23, 24 and 25 at the direction and to the satisfaction of the Providence Fire Marshals Office within thirty (30) days of the date of this Decision.
26-28.	It is the understanding of the Board that the Applicant has corrected deficiencies 26, 27 and 28 at the direction and to the satisfaction of the Providence Fire Marshals Office.
29-30.	The Board hereby directs the Applicant to correct deficiencies 29 and 30 at the direction and to the satisfaction of the Providence Fire Marshals Office.	  
31.	It is the understanding of the Board that the Applicant has corrected deficiency 31 at the direction and to the satisfaction of the Providence Fire Marshals Office. 
32.	The Board hereby directs the Applicant to correct deficiency 32 by providing this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Providence Fire Marshals Office or designee.  The Board further grants the Applicant a period of thirty (30) days from the date of this decision in order to secure plan review approval and an additional 120 days from the securing of that approval to fully install the municipal connected fire alarm system and to address any outstanding sprinkler coverage issues.

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)].