The above-captioned case was scheduled for hearing by a subcommittee of the Board on June 14, 2006 at 9:00 A.M.  At that time, Chairman Farrell and Commissioners Burlingame, Blackburn and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael DeMello of the North Providence Fire Marshals Office.  The Subcommittee recommendations were reviewed by the full Board on June 20, 2006 and approved pursuant to a motion made my Commissioner Pearson and seconded by Commissioner Newbrook.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 5, 2006 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the June 14, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the April 5, 2006 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the North Providence Fire Marshal's office, within 120 days of the date of this decision.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing a guard at the base of the stairs in the rear exit of the billiards hall, at the direction and to the satisfaction of the North Providence Fire Marshal's office, within 120 days of the date of this decision.
	3.  The Board hereby grants a variance from the provisions of section 13.2.5.1.2 in order to allow the Applicant to maintain the existing one hundred twelve (112) foot travel distance in the cited basement corridor of this facility.  In granting this variance, the Board notes that the basement is limited to storage and has no public occupancy.  The Board further directs the Applicant to provide any additional lighting deemed necessary by the North Providence Fire Marshal's office in this area within 120 days of the date of this decision.
	4.  The Board hereby grants a variance from the provisions of section 13.2.5.2 to allow the basement egress to travel through the kitchen within this facility.  In granting this variance on the basis of structural hardship, the Board again notes that the basement is limited to storage and mechanicals and that there is no public occupancy.  The Board accordingly shall allow the kitchen access route to be used as the emergency exit from the non-publicly occupied basement.
	5.  The Board hereby grants a variance from the provisions of section 13.3.2.1 in order to allow the Applicant to protect the cited natural gas fired furnaces and hot water heaters within the storage processing areas with approved domestically supplied sprinkler coverage and heat detection, installed at the direction and to the satisfaction of the North Providence Fire Marshal's office within 120 days of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of section 13.2.2.6.1 in order to allow the Applicant to maintain the existing main entrance door as is.  In granting this variance for the billiard occupancy of this facility, the Board notes that there are a total of three (3) exits from this billiard hall and that there are no walls subdividing this space.  Accordingly, this variance is conditioned upon the continuation of the existing billiards occupancy.
	7.  The Board hereby grants the Applicant a variance in order to provide only those handrails deemed necessary by the North Providence Fire Marshal's office.  Accordingly, the Board hereby directs the Applicant to provide any such necessary handrails, at the direction and to the satisfaction of the North Providence Fire Marshal's office within 120 days of the date of this decision.
	8.  Deficiency 8 addresses the requirement of sprinkler coverage in certain mercantile occupancies.  Accordingly, the Board hereby grants a variance from the provisions of section 37.3.5.1 in order to allow the Applicant to develop a plan of action addressing the hazards of this facility, at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The plan of action may provide for separation of the cited basement spaces, or the plan of action may address the sprinklering of these spaces, or the plan of action may address the reduction of the square footage of these spaces.  In any event, the Applicant is directed to work with the North Providence Fire Marshal's office to develop this plan of action to address the hazards within the facility and to complete this plan of action within 120 days of the date of this decision.  In the event the plan of action does not require sprinkler coverage, the Applicant shall be relieved of this requirement.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing the additional exit signage in the basement area at the direction and to the satisfaction of the North Providence Fire Marshal within 120 days of the date of this decision.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing this facility with an approved key access box, at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing structural headroom within the basement on the basis of structural hardship.  In granting this variance, the Board directs the Applicant to provide sufficient marking of the low headroom areas, at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	12.  The Board hereby grants a variance from the provisions of section 7.1.6.2 in order to allow the Applicant to maintain the existing construction and dimension of the basement floor pursuant to the Applicants representation that the basement is normally an unoccupied area and only utilized by employees who are familiar with the cited three-inch step near the center stairwell access.  
	13.  The Board hereby directs the Applicant to correct deficiency 13 by immediately removing the extension cords along the ceiling in the basement area.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing the rear door in the vacant unit with approved panic hardware, at the direction and to the satisfaction of the North Providence Fire Marshal's office within 120 days of the date of this decision.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by re-swinging the cited rear door in the billiard area in the direction of egress travel, at the direction and to the satisfaction of the North Providence Fire Marshal's office within 120 days of the date of this decision.  During the hearing on this matter, the Applicant advised the Board that he would provide this area with a new approved door swinging in the proper direction within the above time frame.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing this facility with approved portable fire extinguishers.
	17.  The Board hereby directs the Applicant to correct deficiency 17 by providing the cited exit signage at the direction and to the satisfaction of the North Providence Fire Marshal's office.  The above exit signage shall be installed within 120 days of the date of this 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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].