The above-captioned case was scheduled for hearing on February 20, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshals Glenn Bathgate and Thomas Dettore of the Cranston Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by commissioner Newbrook 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 November 2, 2006, inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the February 20, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 2, 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, 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 directs the Applicant to correct deficiency 1 by providing this facility with approved supervised admission and an occupancy sign at the direction and to the satisfaction of the Cranston Fire Marshals Office within a time table established by that office.
2.	The Board hereby grants a variance from the provisions of section 23-28.6-21 in order to allow the Applicant to properly separate the assembly occupancies of this facility with an approved two hour fire wall installed in accordance with NFPA 220 and the RI building code at the direction and to the satisfaction of the Cranston Fire Marshals Office.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to install the above wall.
3.	The Board hereby directs the Applicant to correct deficiency 3 by installing within this facility the additional fire code requirements for night clubs as outlined in section 23-28.6-22(a)(b)(c)(d)(e)(f)(g) at the direction and to the satisfaction of the Cranston Fire Marshals Office within 120 days of the date of this decision.
4.	The Board hereby directs the Applicant to correct item 4, at the direction and to the satisfaction of the Cranston Fire Marshals Office, within 120 days of the date of this decision.
5.	The Board hereby directs the Applicant to correct deficiency 5, by providing this facility with an approved master fire alarm system and key box installed at the direction and to the satisfaction of the Cranston Fire Marshals Office, or designee within 120 days of the date of this decision.
6.	The Board hereby directs the Applicant to correct deficiency 6 by bringing the kitchen fire suppression system of this facility into full compliance with the code 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 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)].