As reported in the Amended Decision in file number 050167, a hearing to review the fire code deficiencies in the subject facility, was originally scheduled for May 2, 2006 and the original Decision was issued on August 28, 2006.
	The original application for variance in this matter had been filed by the business owner of the Big Bar.  However, by the original hearing date, the Big Bar was no longer a tenant in the building and the Providence Fire Marshals Office advised the Board staff that notice of that hearing should be sent to the Building Owner.  At the time of the original hearing a new business, Shobar LLC, occupied this facility.
	During the May 2, 2006 hearing, the Board reviewed the first twelve deficiencies listed on a March 11, 2005 inspection report with the representatives of the new business owner, Shobar LLC, who was currently occupying the facility.  A written Decision, outlining the original plan of action for this facility, was thereupon mailed on August 28, 2006.  However, upon issuance of the original Decision, the Board was notified by the Owners representative that the Owner had been listed as the Applicant on the original Decision in error and that the building Owner had neither applied for the requested relief nor wished to utilize the relief granted in the Decision.
	In light of the above, and pursuant to Board rule 6-2-12, the parties in interest were advised that the Board would review this matter on October 24, 2006 at 1:00 P.M.  At that time, the Board was advised that neither the Building Owner, nor the building occupant (owner of the Shobar business), wished to assume the responsibility, benefits and/or liability of the original Decision in File Number 050167.  Accordingly, the Board determined that the Decision rendered in File Number 050167 should be voided in fairness to all parties.  Accordingly, the Amended Decision, mailed on October 27, 2006, voided the original Decision in File Number 050167.
	The facility was thereupon re-inspected by the Providence Fire Marshals Office on November 2, 2006 and an updated inspection report, dated November 7, 2006, was sent, by certified mail, to both the current business owner (the current Applicant) and the Building Owner.  The current Applicant, Shobar, thereupon submitted a new variance application to the Board on November 30, 2006.  Pursuant to Board Rule 6-2-3, the case was assigned to be heard, as an expedited hearing, on December 5, 2006.  However, at that time, the Owners representative appeared and advised the Board that he had insufficient notice of the hearing.  Accordingly, the Board postponed the hearing for one week and advised both parties, on the record, that the new de novo hearing, covering this facility, would commence at 1:00 PM on December 12, 2006.
	During the December 12, 2006 de novo hearing on this matter, Acting Chairman Newbrook and Commissioners Richard Blackburn, Preiss and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Fornier of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The original Decision was sent to the parties on December 22, 2006.  The Applicant thereupon requested Board clarification and/or correction of Item 1.  Upon review of the record, the following clarification was noted.  The January 12, 2007 deadline was only for submission of sprinkler system plans and the Applicant would have until the March 31, 2007 deadline to bring this sprinkler system into full compliance.  Accordingly, Item 1 or the original Decision is corrected as follows:

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 7, 2006 updated 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 December 12, 2006 de novo hearing on this matter.  Accordingly, the Board hereby incorporates the updated November 7, 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.
	The Board further finds that this facility currently maintains an Assembly occupancy located on the first floor of a three-story building with a partial basement.  The Board further finds that the current Shobar LLC operation was properly inspected under the Assembly sub-occupancy of nightclub.  The Board further finds that the Shobar LLC nightclub is a Class C Place of Assembly.  The Board further finds that there are two remote means of egress in the Assembly occupancy and that both exits discharge onto Clemence Street.  The Board further finds that the basement has one means of egress and is utilized for storage and utilities.  The Board further finds that there are currently four apartment units located on the second and third floors of this building.
	The Board further finds that the building is protected with battery operated emergency lighting and a municipally connected fire alarm system.  The Board finds that the Providence Fire Marshal believes this building to be of NFPA Type III (200) ordinary construction.  Further, the Board finds that the posted maximum occupancy of the current Shobar LLC nightclub occupancy is 215 persons.  Finally, it is the understanding of the Board that the Applicant and the Building Owner are not in agreement as to who is contractually responsible to pay for the required fire safety upgrades to this facility.  However, the Board finds that both the Applicant and the Building Owner are potentially subject to the provisions of RIGL 23-28.3-9 which specifically covers and building owner or lessee and potentially subjects the parties to fines and/or imprisonment.
	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.	The Board hereby grants a time variance, until January 12, 2007, at which time the Applicant is directed to present the Providence Fire Marshals Office with approved plans for the installation of a full sprinkler system in this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office, in accordance with the provisions of section 23-28.6-22(b).  The Board hereby grants the Applicant a time variance, until March 31, 2007, bring this sprinkler system into full operation by connecting the approved newly-installed sprinkler system to the municipal water supply.  (Please see Item 15 below-addressing the issue of suitable separation.)
2.	The Board hereby grants the Applicant a time variance of sixty (60) days from the November 10, 2006 notice to correct deficiency 2 and provide the Providence Fire Marshal, or designee, with documentation that all music, and other conflicting audio, shall automatically cease upon activation of the fire alarm system within this facility.  Accordingly, this deficiency shall be corrected on or before January 10, 2007.
3.	The Board hereby grants the Applicant a time variance of sixty (60) days from the November 10, 2006 notice to correct deficiency 3 and provide the Providence Fire Marshal, or designee, with documentation that floor proximate exit signs have been installed in the nightclub occupancy.  Accordingly, this deficiency shall be corrected on or before January 10, 2007.
4.	The Board hereby directs the Applicant to correct deficiency 4 by continually providing an audible announcement, of the location of the emergency exits prior to each act or set, at the direction and to the satisfaction of the Providence Fire Marshal.
5.	The Board hereby directs that Applicant to correct deficiency 5, by creating and maintaining an emergency plan, at the direction and to the satisfaction of the Providence Fire Marshals Office, on or before January 10, 2007.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6, by properly testing the municipally-connected fire alarm system at the direction and to the satisfaction of the Providence Fire Marshals Office, and by further submitting the test results to the Providence Fire Marshals Office.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7, by removing and/or replacing the cited exposed electrical wiring and extension cords, at the direction and to the satisfaction of the Providence Fire Marshals Office, and that the Providence Fire Marshals Office shall re-inspect this facility to confirm that this violation shall not re-occur.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8, by removing the cited basement storage, at the direction and to the satisfaction of the Providence Fire Marshals Office, and that the Providence Fire Marshals Office shall re-inspect the basement to assure that access, to the utilities, remains unobstructed.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9, by sealing the cited open junction boxes and further assuring that all wiring within this facility is in compliance with the provisions of the Rhode Island Electrical Code (NFPA 70 as amended) at the direction and to the satisfaction of the Providence Fire Marshals Office.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10, by removing and/or properly marking the cited permanent electrical wiring, and the cited extension cords, at the direction and to the satisfaction of the Providence Fire Marshals Office, and that the Providence Fire Marshals office shall re-inspect this facility to confirm that this violation shall not re-occur.
11.	The Board hereby directs the Applicant to correct deficiency 11, by removing the cited storage on the second floor of this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office, on or before January 10, 2007.
12.	During the December 12, 2006 hearing on this matter, the Board was advised that the Applicant sought a variance in order to maintain a single means of egress from the basement of this facility.  The Board was further advised that the basement was only used for storage and utilities and was not occupied by the public.  The Board was further advised by the Owner that he was not consenting to the requested variance.  After discussion, it was determined that the Applicant would be granted a variance to maintain the existing single basement exit based upon the above conditions.  It was further understood that the Owner, at any time in the future, could remedy this situation by installing a second means of egress.  A variance does not preclude any party from bringing a facility into full compliance in the future.
Accordingly, the Board hereby grants the Applicant a variance from the provisions of section 13.2.4.2 in order to allow the Applicant to maintain a single means of egress from the unoccupied basement in this facility.  The Board notes that the Owner, at any time, may provide a second means of egress from the basement in accordance with the provisions of section 13.2.4.2.
13.	It is the understanding of the Board that the parties have corrected Deficiency 13, by providing the cited apartment doors with approved spring loaded hinges, at the direction and to the satisfaction of the Providence Fire Marshals Office.
14.	It is the understanding of the Board that the parties have corrected Deficiency 14, by providing the first floor stairway of the apartment building with approved emergency lighting, at the direction and to the satisfaction of the Providence Fire Marshals Office.
15.	During the December 12, 2006 hearing on this matter the Board was advised that the issue of approved separation, between the occupancies of this facility, had not been resolved.  Accordingly, the Board hereby grants the parties a time variance until January 10, 2007, in order to provide the Providence Fire Marshals Office with engineering documentation confirming the suitable separation between the Assembly and the Apartment occupancies within this building.  In the event that the parties are unable to provide the above engineering documentation, the Board directs that the sprinkler coverage, referenced in item 1 above, be extended throughout the building in accordance with the time tables established in item 1 above.

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)].