The above-captioned case was scheduled for hearing on April 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Jackson, Walker, Filippi and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon the testimony taken and the documentation presented, the Board finds that the subject facility is a two-story building constructed over a partial basement.  The Board further finds that the building is approximately 16,000 gross square feet and that the building is equipped with an automatic sprinkler system, a municipally connected fire alarm system, illuminated exit signage and emergency lighting.  The Board further finds that on March 13, 2008, the Providence Fire Marshal's office conducted a compliance inspection of this facility and issued a compliance inspection report dated April 22, 2008.  The Board finds that on page 4 of the April 22, 2008 compliance inspection report that the Providence Fire Marshal's office determines that the total capacity of the first floor would be 449 persons in the front area and 201 persons in the back area, resulting in a maximum occupancy of 650 people for the first floor.  The Board finds that the Providence Fire Marshal has determined that the front area of the second floor would have a maximum occupancy of 468 people and that the rear area of the second floor would have a maximum occupancy of 232 people.  The Board finds that the Providence Fire Marshal has therefore determined that the total capacity of the second floor would be 700 people.  The Board notes that by letter dated April 22, 2008, the Providence Fire Marshal's office has advised that the Board of Licenses for the City of Providence that the total capacity of the complex was calculated by that office as 1350 people.  The Board notes that the method of calculation, and any further breakdown of these areas, was not referenced by the Providence Fire Marshal's office in the April 22, 2008 compliance inspection report.
	The Board further finds that the Applicant has agreed to fully comply with the suggested ten-point plan of action submitted by the Providence Fire Marshal's office.  Specifically, the Applicant agrees to:
	1.  Include a music shutdown test with each quarterly fire alarm test report.
	2.  Ensure that each and every night there is a DJ working that he will make two (2) announcements during the night that inform guests where the emergency exits are located.  These announcements will be scheduled and happen at approximately 11:00 pm and 12:30 am.
	3.  Create evacuation maps and floor plans that will be hung up in the club.  There will be one in each restroom as well as conspicuous locations around the club.
	4.  The maximum occupancy signs shall be conspicuously posted at all times.  You may frame this sign and/or secure it in a manner to prevent theft provided that all of the characters remain clearly visible and legible.
	5.  Send all managers in addition to key security personnel to the State Emergency Management Class.  (462-4200)
	6.  Start counting the number of employees in the building and add them to the customer count.
	7.  Have a policy in place for smokers leaving the building and reentering.
	8.  At any given time the security personnel will provide an accurate load capacity count, not to exceed the posted capacity.
	9.  Security personnel will manage the crowd capacity and not allow overcrowding in one side of the nightclub.  If needed, the security personnel will keep a separate count for each side of the nightclub in addition to a total count.
	10.. Have a training session with all security personnel to ensure that each member of the group understands the policies as well as all measures described in this memo.  
The Board notes that the Applicant has agreed to comply with the above plan of action.  Finally, the Board finds that the Applicant is seeking Board action on two items.  Initially, the Applicant is requesting relief from the main entrance/exit requirements of NFPA 101, 2003 edition, Section 13.2.3.6.1 based on the fact that the building does not have a well-defined main entrance/exit.  Secondly, the Applicant is requesting that the Board grant a time variance until August 14, 2008 for modification of the egress openings and protection of the steel beams as outlined in the Applicants plan of action submitted on April 24, 2008.  The Board further finds that the Complex will be closed from May 31, 2008 until August 14, 2008.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.2.3.6.1 in order to allow the Applicant relief from exiting 50 of the total occupancy through the main entrance/exit of this facility.  In granting this relief, the Board directs the Applicant to fully comply with the plan of action presented in the April 24, 2008 letter from Hughes Associates to the Board.  Specifically, the Board directs that the Complex will increase the width of the egress opening between the front and rear clubs on the second floor.  The opening on the north east side of the building shall further be increased in width by approximately six (6) feet.  The opening on the south west side of the building shall be increased in width by approximately three (3) feet or more depending on structural conditions.  The Board further directs that the Complex will sign and implement the suggested plan of action prepared by the Providence Fire Marshal's office as provided to Hughes Associates on April 17, 2008.  The Board further directs that the Complex will protect all exposed steel beams within the building with an assembly having a minimum fire resistant rating of one hour.  The Board notes that with the proper protection of the steel beams the buildings construction may be considered Type IV as outlined Hughes Associates letter to the Board dated March 31, 2008.  
	2.  The Board hereby grants a time variance until August 14, 2008 in order to allow the Applicant to modify the egress system openings and to protect the steel beams as outlined above, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that the Complex will be closed from May 31, 2008 until August 14, 2008, at which time it should be in full compliance with the plan of action outlined by Hughes Associates.  As a condition of the above relief, the Board notes that the Applicant has agreed to extend the above plan of action to any new owner as part of the sales agreement for this facility and that detail Providence firefighters will be checking the egress system doors and fire extinguishers during the hours of assembly occupancy, at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, the Board notes that it has not been asked to review and/or approve the occupancy calculations for this facility by the Providence Fire Marshal's office.

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)].