The above-captioned case was scheduled for hearing by a subcommittee of the Board on May 10, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioner Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise of the East Providence Fire Marshals Office.  The subcommittee recommendation was reviewed by the full Board on May 16, 2006 and approved pursuant to a motion made by Vice Chairman Coutu and a second by Commissioner Pearson.  Accordingly, the subcommittee recommendation now has the status of a full Board decision. 
 
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 8, 2004 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by a subcommittee of the Board, the Applicant and the East Providence Fire Marshals Office during the May 10, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the July 8, 2004 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board finds deficiency 1 to be informational in nature and not a violation of the State Fire Code.
	2.  The Board hereby grants the Applicant a time variance of 120 days from July 1, 2006 in order to correct deficiency 2 by providing this facility with an approved automatic sprinkler system installed at the direction and to the satisfaction of the East Providence Fire Marshal's office.  Specifically, the Applicant shall, within the next thirty (30) days, submit plans to the fire marshal for review.  Finally, the East Providence Fire Marshal's office may extend the above time variance for good cause shown.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency  3 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by repairing the cited penetrations through the ceiling at the gas unit heater, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by sealing off the cited basement heating facility room penetrations, at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	6-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	12-14.  The Board hereby directs the Applicant to correct deficiencies 12, 13 and 14 by either providing the East Providence Fire Marshal's office with the necessary certification of the cited material, or to treat the material to the satisfaction of the East Providence Fire Marshal's office, or to remove the material to the satisfaction of the East Providence Fire Marshal's office.  The Board hereby grants the Applicant a time variance in order to correct deficiencies 12, 13 and 14 in one of the three ways outlined above, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 days of the date of this decision.
	15-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 15, 16 and 17 to the satisfaction of the East Providence Fire Marshal's office.
	18.  The Board directs the Applicant to correct deficiency 18 by either sealing off its access through the stairway, or if it is accessible from the outside, to provide a rated enclosure within it, at the direction and to the satisfaction of the East Providence Fire Marshal's office.  The Board hereby grants the Applicant a time variance of 120 days to make this correction.
	19.  The Board hereby directs the Applicant to correct deficiency 19 by providing the appropriate illumination for the east basement exit from the bar, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 days of the date of this decision.
	20-25.  It is the understanding of the Board that the Applicant has corrected deficiencies 20, 21, 22, 23, 24 and 25 to the satisfaction of the East Providence Fire Marshal.
	26.  The Board hereby directs the Applicant to correct deficiency 26 by properly enclosing the west first floor stairway to the second floor with approved one-hour rated separation, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 120 days of the date of this decision.  If the Applicant or East Providence Fire Marshal's office needs any additional direction as to what would be acceptable, they are free to return to the Board for that direction.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].