The above-captioned case was scheduled for hearing on January 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu, Richard, Pearson and Filippi were present.  The fire service was represented by Deputy State Fire Marshal David Curran of the State Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby finds that this is a two (2) story building with an attic, type V (000) construction over a full basement.  The Board further finds that this building was constructed in 1810 as a tavern.  The Board further finds that this facility is a class C place of assembly containing two (2) distinct assembly areas.  The first level of the building has an assembly area (bar) with capacity of 127 people.  The second level contains an assembly area (meeting room) with a capacity of approximately 34 people.  Accordingly, the total capacity or occupancy of this building is 161 people.
	
The Board further finds that the building contains on the second story an office area, a one bedroom apartment, and a storage area.  It is the understanding and the direction of the Board that the attic area of this building shall be used for storage only.  The first floor contains, in addition to the bar, a commercial kitchen, two (2) storage rooms, and two (2) bathrooms.  The basement area contains storage, an oil fired furnace, HVAC system, and mechanical equipment.
	
It is the understanding of the Board that the building has a local fire alarm system consisting of heat and smoke detection, pull stations, audio and visual signaling devices throughout.  The apartment currently only has a stand alone smoke detector installed but also has an audio visual signaling device for the fire alarm within the apartment.  Group type C exit signage, emergency lighting, and fire extinguishers have been installed throughout the facility.  The cooking appliances have been protected with an automatic fire extinguishing system installed within the approved hood and duct.  The building has three (3) remote exits from the first story, with only two being marked.  There is one (1) exit from the second story, and the basement has two (2) exits.  On or about March 25, 2003, the State Fire Marshal’s Office requested approval for the abatement of the second floor of this facility.  In light of the limited egress capacity of the second floor, the approval was granted by the Chairman of the Board.  The Applicant is now before the Board with an approved plan of action to reoccupy the second floor of this facility.
	
In order to utilize the second floor of this facility, the Applicant is proposing the installation of an approved means of egress consisting of a fire rated door with panic hardware and lighted exit sign on the west back side of the building leading to outside 4 foot by 8 foot deck and 3 foot stairway.  During the hearing the Applicant was advised that he would probably have to cover this proposed egress system at the direction and to the satisfaction of the Building Official.  The Applicant has further advised the Board that he plans to apply a class A flame retardant paint to the interior finishes of the existing stairway.  The Applicant further advised that he plans to replace the cited hollow core doors with approved solid core doors with approved self closing devices.  The Applicant has further advised the Board that he will change the swing of the existing door from the meeting room to swing outward and to further install a self-closing device on this door.  Finally, the Applicant has advised the Board that heater flue will be brought up to the current code to the satisfaction of the State Fire Marshal’s Office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of six months from the date of this decision in order to comply with a plan of action outlined in the Board’s findings of fact above.  Specifically, the Applicant shall not occupy the assembly area on the second level of this facility until the above plan of action is completed at the direction and to satisfaction of the State Fire Marshal’s Office.  Finally, the Board notes that the Applicant may have to provide the proposed egress system with an approved roof or other covering in order to comply with the State Building Code.

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 Applicant’s 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 Board’s 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 Board’s 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)].