The above-captioned case was scheduled for hearing on January 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the hearing on January 20, 2004 on this matter, the Board was advised and finds that the upper level of this facility used for banquet and dinner theatre, does not have the proper number of approved exits.  Specifically, while the upper level has three (3) means of egress, they are not approved.  The Board further finds that access and emergency egress from the second level of this facility is by spiral stairs. The Board further finds that there is a rear stairwell that is next to the kitchen which exits out of the building.  Finally, the Board finds that there is a third exit which is on the side of the building as a fire escape.
	
The Applicant has advised the Board that the occupancy of the second floor of this facility shall be limited at all times to 72 patrons.  The Pawtucket Fire Marshal’s Office, upon reviewing the facility, has no objection to granting this variance in order to allow the existing means of egress to service the 72 patrons.  However, the Pawtucket Fire Marshal’s Office has advised that if the occupancy ever exceeds 72 persons on the second level of this facility that the variance granted should be null and void.  The Board is in agreement with the Pawtucket Fire Marshal’s Office on this position.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to allow the Applicant to maintain the three (3) existing means of egress from the second level of this facility.  Specifically, the Applicant shall be allowed to utilize the spiral staircase, the fire escape system and a third stairway in the rear of the building as the means of egress from this level.  In granting this variance, the Board directs that the occupancy of the second level of this facility shall never exceed 72 persons.  If the occupancy exceeds 72 persons, the Board directs that this variance is null and void and that the Applicant shall bring the second floor of this facility into compliance with the code.

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 Applicant’s 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 Board’s 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 Board’s 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)].