The above-captioned case was originally scheduled for hearing on June 22, 2004 at 1:00 P.M.  At that time the Board directed the parties to develop a plan of action and return the following month.  This case was most recently scheduled on July 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Wahlberg.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 23, 2004 inspection report compiled by the Barrington Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Barrington Fire Marshals Office during the July 27, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the April 23, 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
	1. It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing approved exit discharge paths on the outside of the building.
	2. The Board hereby grants a variance in order to allow the Applicant to maintain inspectors test piping in the stairway of this facility.  In granting this variance the Board notes that the Barrington Fire Marshals Office has no objection.  The Board further directs the Applicant to correct the remainder of deficiency 2 at the direction and to the satisfaction of the Barrington Fire Marshals Office.
	3. The Board hereby directs the Applicant to correct deficiency 3 by removing the cited electrical conduit in the stairs that does not serve that stairway.
	4. It is the understanding of the Board that the Applicant shall correct deficiency 4, by providing elevator recall, at the direction and to the satisfaction of Barrington Fire Marshals Office.
	5. It is the understanding of the Board that the Applicant has corrected deficiency 5 by replacing the missing astrigal on the smoke doors in the basement.
	6. It is the understanding of the Board that the Applicant has corrected deficiency 6 by repairing the cited emergency lighting in room 025.
	7. It is the understanding of the Board that the Applicant has corrected deficiency 7 by repairing the cited double doors leading to the stage from the scenery shop.
	8. It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the cited door with an approved self-closure.
	9. It is the understanding of the Board that the Applicant has corrected deficiency 9 by completing the emergency lighting in the board room of this facility.
	10. It is the understanding of the Board that the Applicant has corrected deficiency 10 by completing the exit signage in the board room of this facility.
	11. It is the understanding of the Board that the Applicant has corrected deficiency 11 as it relates to the outside landing on the east side of this facility.
	12. It is the understanding of the Board that the Applicant has corrected deficiency 12 with regard to the smoke detection in stairway B.
	13. It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing an enunciator map at the main fire panel.
	14. In light of the above corrections by the Applicant the Board hereby authorizes the Barrington Fire Marshals Office to approve the issuance of temporary certificate of occupancy for this facility.

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)].