The above-captioned case was scheduled for hearing by a subcommittee of the Board on March 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Dion of the Central Falls Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on March 14, 2006 and approved pursuant to a motion made by Commissioner Pearson and seconded by Commissioner Newbrook with Vice Chairman Coutu abstaining.  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 a September 28, 2004 inspection report compiled by the Central Falls Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshals Office during the March 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 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, 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 Authority Having Jurisdiction (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 variance from the provisions of section 13.2.4 in order to allow the Applicant to maintain the existing egress from the cited basement of this facility.  In granting this variance, on the basis of structural hardship, the Board directs that there shall be no public occupancy of the basement of this facility and that it shall be used by the Applicant as the limited incidental use space to the assembly.  This variance is also based on structural hardship in the absence of an objection by the Central Falls Fire Marshal's office.  
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by removing the cited locking devices on the main entrance door of this facility.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the cited paneling and other combustible surfaces with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office, within 120 days of the date of this decision.
	4.  The Board hereby grants a variance from the provisions of section 13.3.2.1.2 in order to allow the Applicant to protect the boiler room of this facility with an approved domestic sprinkler head, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office within 120 days of the date of this decision.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with an approved lock key box.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.

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)].