The above captioned-case involves a facility that was initially toured by a subcommittee of the Board on March 9, 2005.  The case was thereupon scheduled for hearing on March 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Filippi, Evans and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Vartian of the North Providence Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts, as its initial findings of fact, the building description outlined in a June 28, 2004 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 March 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 28, 2004 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.	During the March 15, 2005, hearing on this matter, the Board was advised that the Applicant had corrected a majority of the deficiencies in the June 28, 2004 inspection report.  The Board further notes that many deficiencies involve the unauthorized apartment unit in the rear portion of this facility.  Accordingly, the Board hereby directs the Applicant to remove the apartment occupancy within two (2) weeks from the date of this Decision and to further not reoccupy this building, as a residence, unless plans to do so have been submitted to and approved by the North Providence Fire Marshals Office and Building Inspectors Office.
2.	During the hearing on this matter, the Board noted that the restaurant on the first floor of this facility and the club on the second floor are currently listed as business occupancies.  The Board directed the Applicant to properly post these occupancies and not to allow any expansion of these occupancies in the future.  Finally, the Board directs the Applicant to provide these occupancies with upgraded fire alarm coverage, at the direction and to the satisfaction of the North Providence Fire Marshals Office within thirty (30) days from the date of this Decision.
3.	During the hearing on this matter, the Board noted that the job shops or industrial portions of this facility needed fire alarm upgrades at the direction and to the satisfaction of the North Providence Fire Marshals Office.  Accordingly, the fire alarm systems in this area of the building shall be brought into compliance within thirty (30) days from the date of this Decision.
4.	During the subcommittee visit to this facility and subsequently during the hearing, the Board noted that large portions of this facility are vacant space.  The Board further noted that the Applicant has requested limited detection in this area conditioned upon no re-occupancy.  Accordingly, the Board directs the Applicant to provide all of the vacant space in the facility with limited fire alarm protection installed at the direction and to the satisfaction of the North Providence Fire Marshals Office within thirty (30) days from the date of this Decision.  As a condition of this relief, the Board directs the Applicant not to reoccupy any of this area unless plans are submitted to and approved by the North Providence Fire Marshals Office and North Providence Building Inspectors Office.  Finally, the Board directs the Applicant to work with the North Providence Fire Marshals Office in developing a plan to address the remaining deficiencies in this facility and to return to the Board within thirty (30) days from 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 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)].