The above captioned case was scheduled for hearing on March 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Richard, Filippi, Newbrook, Coutu, Preiss, Burlingame, OConnell, and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Hawthorne and Terry Brennon of the Cranston Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 11, 2003 hearing on this matter, the Board utilized two (2) inspection reports compiled by divisions of the Cranston Fire Department.  The first report reviewed by the Board was dated February 24, 2003 and compiled by the Cranston Fire Alarm Division.  The second report utilized by the Board was dated February 27, 2003 and compiled by the Cranston Fire Marshals Office.  The numbers of the Decision below correspond in sequence with the above reports.  In light of the comprehensive nature of these reports, the Board hereby incorporates the February 24 and February 27, 2003 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.  The Board further notes that the Applicant has voluntarily closed his business to bring his facility into compliance with the recommendations made by the Cranston Fire Alarm Division and Cranston Fire Marshals Office.  The Board appreciates the Applicants concern for the safety of his patrons and the substantial progress he has made to date.  Further, the Board finds that this facility is two (2) stories and has a potential maximum occupancy of fifteen hundred and ninety-nine (1,599) people.  Finally, the Board finds that this facility is fully protected by a municipally connected fire alarm system.
	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.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with approved manual pull stations, at the discretion and to the satisfaction of the Cranston Superintendent of Fire Alarms.  The Board further grants a variance in order to allow the Applicant to keep manual pull stations at all bar areas and within plain sight of the bartenders and patrons at each bar.  The above pull stations shall be installed and/or maintained by Friday, March 14, 2003.
	2.	The Board hereby directs the Applicant to correct deficiency 2 by providing an additional horn/strobe near but not in the front entrance of this facility.  The Board further directs the Applicant to provide for the automatic dispersion of all special effects, lighting upon activation of the fire alarm system.  The Board further directs the Applicant to replace the existing horn/strobes with the newer type that provides a higher illumination.  The Board further directs the Applicant to replace the horn/strobe on the ceiling near the stage area with properly rated and marked type.  The Board directs that the above items shall be corrected prior to Friday, March 14, 2003.  Finally, the Board directs the Applicant to provide for the automatic shutdown of all sound systems upon activation of the fire alarm system.  The above automatic shutdown shall be completed on or before March 25, 2003.
	3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing approved heat detection in the immediate area above the stage.

CRANSTON FIRE MARSHALS REPORT
	1.	It is the understanding of the Board that deficiency 1 is informational in nature and not a specific violation of the State Fire Code.
	2.	The Board hereby directs the Applicant to correct deficiency 2 by bringing the wiring of this facility into compliance with NFPA 70, at the direction and to the satisfaction of the city electrical inspector in conjunction with the Cranston Fire Marshals Office.
	3.	The Board hereby directs the Applicant to correct deficiency 3 by providing an approved Class A flame rating on all of the cited decorations within this facility.
	4.	The Board hereby grants a variance in order to allow the Applicant to maintain the unenclosed stairs servicing the second floor of this facility.  In granting this variance, the Board notes that this facility shall be provided with an approved sprinkler system as outlined in item 19 below.  The Board further directs the Applicant to remove the cited sound system located beneath the above stairs.  The sound system shall be removed within thirty (30) days from the date of this Decision.  Finally, it is the understanding of the Board that the Applicant has removed the cited cash register and seat for employee located in the main entrance of this facility.
	5.	The Board hereby directs the Applicant to correct deficiency 5 by removing the decorations within the exit enclosures unless they are certified as being either Class A or Class B flame spread rated to the satisfaction of the Marshal.
	6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing barriers or railings to prevent occupants from walking into the cited walls constructed of windows.
	7.	The Board hereby directs the Applicant to correct deficiency 7 by removing all key locks on the egress side of the cited exterior doors.
	8.	The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved fire extinguishers, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	9.	It is the understanding of the Board that the Cranston Fire Marshals Office has calculated the total occupancy of this facility at fifteen hundred and ninety-nine (1,599) people.  The basis for this calculation was seven (7) square feet per person.  In allowing the Applicant to maintain this occupancy, it is the understanding of the Board that the Applicant shall provide this facility with an approved full sprinkler, installed at the direction and to the satisfaction of the Cranston Fire Marshals Office within one hundred and twenty (120) days from the hearing date.  See item 19 below.
	10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 by removing the key lock on the egress side of the main entrance door.
	11.	During the March 11, 2003 hearing on this matter, the Board was advised that there was a question regarding the potential overlapping of egress routes within this facility.  Accordingly, the Board hereby directs the Applicant to provide this facility with approved egress for the above calculated occupant load, at the direction and to the satisfaction of the Cranston Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  The Board further directs the Applicant to provide this facility with two (2) detailed fire fighters, one on the first floor and one on the second until such time as the potential overlap of egress has been corrected and the sprinkler system covering this facility has been installed.  The above fire fighters shall be detailed on each Friday and Saturday night that this facility is open and shall be further provided on Wednesday nights when determined necessary by the Cranston Fire Marshals Office.  This file shall be left open in order to allow the Applicant or the Cranston Fire Marshal to return to the Board to address questions of egress, sprinklering, or the continuation of two (2) fire fighters on duty.  Finally, the Board notes that the Cranston Fire Chief may at any time require additional fire fighters on duty pursuant to his statutory authority and regardless of the Boards directive in this case.
	12.	In light of the Applicants agreement to provide this facility with alternative egress at the direction and to the satisfaction of the Cranston Fire Marshal as outlined above, the Board shall allow the Applicant to maintain the main entrance at ninety-one (91) inches of clear exit width.  Again, this variance is contingent upon the Applicants cooperation with the Cranston Fire Marshal in designing approved remotely located egress throughout this facility.
	13.	It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the structural obstructions to the exit lighting of this facility.
	14.	It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing the boiler room with an approved one (1) hour fire rating.
	15. 	The Board hereby directs the Applicant to correct deficiency 15 by removing all interior finishes that are either Class A or Class B rated materials unless these materials have been treated with an approved flame retardant, to the satisfaction of the Cranston Fire Marshals Office.
	16.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing construction of the stage within this facility provided the Applicant fully sprinkle this facility to the satisfaction of the Cranston Fire Marshals Office as outlined in item 19 below.  With regard to the remaining portion of item 16, it is the understanding of the Board that the Applicant shall treat the cited carpeting and shall provide the Cranston Fire Marshals Office with documentation that the carpeting was installed with an approved latex adhesive.
	17.	The Board hereby grants a variance in order to allow the Applicant to maintain the cited treated carpeting on the stage platform provided the Applicant maintain full sprinkler coverage in this facility as outlined in item 19 below.  The Board further directs the Applicant to provide the stage with at least one (1) approved fire extinguisher installed at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	18.	It is the understanding of the Board that deficiency 18 is informational in nature describing the classification of the second floor.
	19.	As a condition of all of the variance granted herein, the Board hereby directs the Applicant to provide this facility with an approved compliant sprinkler system, installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee, in accordance with the provisions of NFPA 13, within one hundred and twenty (120) days from the March 11, 2003 hearing date.  Finally, as outlined herein, this file shall remain open in the event the Applicant or the Cranston Fire Marshals Office needs clarification by the Board.  In light of the above, the Cranston Fire Marshals Office is hereby authorized to approve a temporary certificate of occupancy if so requested by the Cranston Building Official.

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.  
	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.  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.  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.  
	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)].