The above-captioned case was scheduled for hearing on February 17, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu, O’Connell and Evans were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 February 28, 2003 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the February 17, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the February 28, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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. The Board hereby directs the Applicant to correct deficiency #1 by providing this facility with an approved fire alarm system at the direction and to the satisfaction of the State Fire Marshal, within sixty (60) days from the date of this decision.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by maintaining an approved maximum occupancy of this facility at 119 people.	
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing the cited basement stair to the first floor with an approved one (1) hour door and jamb with an approved self-closer, installed at the direction and to the satisfaction of the State Fire Marshal’s Office or designee, within 60 days from the date of this decision.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing the front door of this facility with approved panic hardware.
	
5. The Board hereby directs the Applicant to correct deficiency #5 by bringing the cooking appliances, within this facility, into compliance with the applicable NFPA 96 Standard, at the direction and to the satisfaction of the State Fire Marshal or designee.
	
6. The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the cited ladies and men’s room doors and the cited door at the top of the basement stairs.  The Board hereby directs the Applicant to correct the remainder of deficiency #6 by correcting the cited width of the access door leading from the kitchen to the bar area, at the direction and to the satisfaction of the State Fire Marshal or designee, within sixty (60) days from the date of this decision.
	
7. It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing the basement of this facility with an approved fire extinguisher.	
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing the basement of this facility and outside of the exits, with approved emergency lighting at the direction and to the satisfaction of the State Fire Marshal.
	
9. The Board hereby grants a variance in order to allow the Applicant to provide a new exit on the other side of the basement area and to further utilize the existing stairs leading into the first floor.  Accordingly, the variance is issued in order to allow the Applicant to maintain a single approved means of egress from the basement that is not normally occupied.  Finally, the Board directs the Applicant to provide the basement with approved emergency lighting on the stairway and to provide a warning strip advising of low head room.  The above correction shall be at direction and to the satisfaction State Fire Marshal’s Office, within sixty (60) days from the date of this decision.
	
10. The Board hereby directs the Applicant to correct deficiency #10 by providing the cited bar walls with an approved class A finish, installed at the direction and to the satisfaction of the State Fire Marshal, within sixty (60) days from the date of this decision.
	
11. It is the understanding of the Board that the Applicant has corrected deficiency #11 by sealing of the cited hole in the floor behind the bar area.
	
12. The Board hereby directs the Applicant to correct deficiency #12 by removing the cited fill line, at the direction and to the satisfaction of the State Fire Marshal or designee, within sixty (60) days from 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 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)].