The above-captioned case was scheduled for hearing on March 18, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, OConnell, Coutu and Filippi were present.  Vice Chairman Richard recused himself from consideration of this case.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals office along with Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss 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 March 10, 2003 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals office during the March 18, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 10, 2003 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.
	As outlined herein, when the applicant appeared before the Board, he advised the Board that he would correct all deficiencies and provide this facility with a new exit and prepare a sprinkler plan for the further safety of this facility.  The Applicant further requested and the Board agreed to leave the file open to allow for any question regarding compliance with this decision or a future plan of action to be reviewed by the Board under the original file number.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the March 18, 2003 hearing on this matter, the Board was advised by the Applicant that deficiency 3 would be corrected within three days by removing the cited ticket booth, other furniture and decorative material which obstructed the egress system of this facility.
	2.  The Board hereby grants a variance from the provisions of section 5-7.2 in order to allow the Applicant to maintain the open un-rated stairway with approved sprinkler coverage installed at the direction and to the satisfaction of the Providence Fire Marshals office within 120 days of the date of this decision.  As a condition of this variance, the Applicant is instructed to remove the window within the stairway and provide improved sheetrock shields over the window area.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved sprinkler system within 120 days of the date of this decision and by removing and sealing off the window as outlined in item 2 above.
	4.  The Board hereby directs the Applicant to either provide the Providence Fire Marshals office with approved certification of the couches within this facility or to remove them immediately.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing approved exit signage at the direction and to the satisfaction of the Providence Fire Marshals office.
	6.  During the March 18, 2003 hearing on this matter, the Board was advised that the Applicant would correct deficiency 6(a) within 48 hours.  The Board hereby directs the above compliance.
	6(b).  It is the understanding of the Board that deficiency 6(b) has been corrected by the Applicant.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by reconstructing the cited stairway at the direction to the satisfaction of the Providence Fire Marshal.  Specifically, the Applicant shall have 120 days in which to submit a plan of action for the stairway and secure approval by the Providence Fire Marshal and then reconstruct the stairway in accordance with the plan of action.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing an approved new stairs servicing the rear of this facility.  The above stairs shall be approved by the Providence Fire Marshals office and installed within 120 days of the date of this decision.
	9.  The Board hereby directs the Applicant to correct deficiency 9 as part of the new stairway installation within 120 days of the date of this decision.
	10.  The Board hereby limits the occupancy of the second floor of this facility to one hundred (100) people.  The Board further directs the Applicant to provide a detail firefighter on duty during all periods in which the second level is occupied.  The above firefighter shall oversee the administration of the above limitation of occupancy.  If any problems or hazards are noted by the firefighter on duty, the management of this facility is directed to immediately correct those problems.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with an approved municipally connected fire alarm system and master box installed at the direction and to the satisfaction of the Providence Fire Marshal or designee, within 60 days of the date of this decision.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing this facility with an approved sprinkler system, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee, within 120 days of the date of this decision.  Note:  the second floor exit shall never be obstructed during any occupancy of the second floor.  Specifically, all work done on the second floor which would tend to obstruct the exit therein, shall only be permitted during the periods that this facility is not occupied by the public.  In light of the above plan of action submitted by the Applicant, the Board hereby authorizes the State Fire Marshal to rescind the abatement of this facility and to work with the Applicant in completing the above plan of action.  Finally, this file shall remain open until the above plan of action has been completed to the satisfaction of all parties.

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)].