The above-captioned case was scheduled for hearing on May 4, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Captain Theodore Hopkins of the East Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 4, 2004 hearing on this matter, the Board was advised and finds that this facility is an existing place of assembly.  The Board further finds that this is a one story building consisting of approximately 6,100 square feet.  The Board further finds that the building has two assembly areas.  The first assembly area, the hall, has a potential occupancy of 184 people.  The second assembly area, the bar, has an approximate occupancy of 48 people.  Accordingly, the total occupancy of this facility is 232 people.  The Board finds that this facility would require a fire alarm system, but would not require sprinkler coverage.  It is the further understanding of the Board that this facility would require a fire department key access box and that the buildings interior walls should be provided with an approved Class A finish at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Finally, it is the understanding of the Board that there are deadbolts on the doors that are not integral to the panic hardware.  However, the Applicant has advised the Board that all deadbolts shall always be unlocked during all hours of occupancy.  Finally, during the May 4, 2004 hearing, the Applicant advised the Board that his group planned to cease occupancy of this facility by the end of June.  In light of the Applicants representation, the Board decided to provide the Applicant with a time variance to either bring the facility into compliance or to vacate in accordance with his plan.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	In light of the Applicants plan to vacate this facility, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision, in order to either bring the facility into compliance or to vacate it.  In the event that the Applicant wishes to reoccupy this facility in the future, the Applicant is directed to correct all of the deficiencies at the direction and to the satisfaction of the East Providence Fire Marshals Office.  At that time, if the Applicant encounters structural or other issues, the Applicant may repetition the Board to reappear under the original file number to seek relief.	

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)].