The above-captioned case was originally scheduled for hearing on September 9, 2003 at 1:00 P.M.  At that time, it was determined that a subcommittee of the Board should inspect this facility and report their findings back to the full Board.  The subcommittee conducted an onsite inspection of this facility during the morning of September 30, 2003.  The subcommittee presented their findings and recommendations to the full Board during the regularly scheduled Board meeting at 1:00 P.M. on September 30, 2003.  The initial recommendations were thereupon approved by the Board pursuant to a motion made by Commissioner Preiss with a seconded by Commissioner Coutu.  At that time the Board further noted that, during the onsite inspection, it did not observe deficiencies that would rise to the level of imminent danger at this facility.  Accordingly, the Board directed the Applicant to present a comprehensive plan of action, with a timetables, for review by the full Board on October 28, 2003.  
 	The above-captioned case was thereupon rescheduled for hearing on October 28, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Vincent Quinterno.  An initial motion to accept the recommended permanent variance of the plan of action, as outlined herein was made by Commissioner Newbrook and seconded by Commissioner Burlingame.  This motion passed with Commissioner Evans not participating.  A second motion to accept the recommended time variances was made by Commissioner Coutu seconded by Commissioner Filippi.  This motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of an August 27, 2003 inspection report complied by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the September 30, 2003 and October 28, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 2003 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws. 
	
CONCLUSIONS AND VARIANCE REQUESTS
1.	As part of the plan of action outlined below, the Board hereby directs the Applicant to provide this facility with a complex-wide fire alarm system with approved horns and other signaling devices installed at the direction and to the satisfaction of the State Fire Marshals Office. The Board further directs the Applicant to maintain the original pull stations and to cause the system to eliminate all conflicting sounds when the alarm system is activated.  In light of the above, the original variance covering the fire alarm system is now removed as part of the approved plan of action covering this facility.
2.	The Board hereby directs the Applicant to correct deficiency 2 by removing the plywood from the catwalks above the third floor above and replacing the plywood with approved non-combustible materials on or before July 31, 2005.  In light of the limited occupancy of this area (maximum of 5 people), the fact that the public shall not be allowed on this level, and the eventual sprinkling of this entire facility, the Applicant shall not be required to provide the new non-combustible enclosure with a two-hour rating.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall provide this entire facility with an approved sprinkler system on before July 1, 2005.
It is the further understanding of the Board that the Applicant shall correct the travel distance issues in this area by the construction of a second compliant stairway, serving this area, at the direction and to the satisfaction of the State Fire Marshals Office.  Further, the Board hereby directs that there shall be no smoking in this area.  Finally, it is the understanding of the Board that the Applicant shall strictly enforce the limitation of occupancy and the no smoking policy through video surveillance of this upper, non-public level.
3(a).	Deficiency 3(a) shall be address by the Applicant in accordance with the plan of action for this area as outlined in item 2 above.
3(b).	During the hearing on this matter, the Applicant agreed to fill in the gap tooth of this facility with an approved stair tower, maintain three approved exit access and exit discharge doors, installed at the direction and to the satisfaction of the State Fire Marshal.  The Applicant shall further reconfigure the doors of the existing stair towers to eliminate potential obstructions.  The above work shall be conducted within a timetable established by the State Fire Marshal.  Accordingly, the Board shall maintain this file as open file to address any questions, related to this deficiency, by either the Applicant or the State Fire Marshal.  It is the understanding of the Board that the above modifications, and the proposed sprinkler coverage on or before July 1, 2005 will correct this deficiency.  
3(c).	The Board hereby grants a variance in order to allow the Applicant to allow the Applicant to maintain the existing travel distance from the G-tech rooms on the center mezzanine of this facility.  In granting this variance, it is the understanding of the Board that there is no public allowed in this area and that the actual maximum potential occupancy is only three to four people with a daily occupancy of only two people.  The Board has been advised that this area does not pose a serious life safety issue and that the Applicant shall work with the State and Local Fire Marshals to maintain the egress routes at their direction.  Finally, it is the understanding that the Applicant shall correct the reminder of deficiency 3(c) at the direction and to the satisfaction of the State Fire Marshals Office.  
4.	The Board hereby grants a variance in order to allow the Applicant to maintain the structural steel beam that partially obstructs the egress passageway from the upper level Judges Booth.  This variance is based upon structural hardship and is also granted in light of the Applicants agreement to protect this area as outlined in item two above.
5.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the cited door to the lure operators booth.  The Board notes that this is also a non-public area with an occupancy limited to one person.  Finally, this variance is based upon structural hardship and is also granted in light of the Applicants agreement to protect this area as outlined in item two above. 
6(a). The Board hereby directs the Applicant to correct deficiency 6(a) as part of its plan of correction outlined in item two above.
6(b).  The Board hereby directs the Applicant to correct deficiency 6(b) by installing an approved smoke curtain at the second floor escalator opening on or before July 31, 2005.  The Board notes that the above smoke curtain is allowed in light of the Applicants plan to provide sprinkler coverage throughout this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	It is the understanding of the Board that the majority of the items, listed in deficiency 7, have been corrected by the removal of the paneling and carpeting, of questionable rating, throughout this facility.  The Board hereby directs the Applicant to correct the remainder of deficiency 7 at the direction, and to the satisfaction, and within a timetable established by, the State Fire Marshals Office. 
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 to the satisfaction of the State Fire Marshals Office.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 to the satisfaction of the State Fire Marshals Office.
10.	The Board hereby grants the Applicant a time variance to correct deficiency 10, relating to the egress from the cited levels, at the direction and to the satisfaction of the State Fire Marshals Office, on or before October 31, 2004.
11.	The Board hereby grants the Applicant a time variance to correct deficiency 11, relating to the fire detection in the cited upper rooms, at the direction and to the satisfaction of the State Fire Marshals Office, on or before March 31, 2005.
12.	The Board hereby grants the Applicant a time variance to correct deficiency 12, by providing additional approved egress from the fully sprinkled third floor level, at the direction and to satisfaction of the State Fire Marshals Office, on or before July 31, 2005.
13.	It is the understanding and direction of the Board that the Applicant will correct deficiency 13 at the direction, to the satisfaction and within a timetable established by, the State Fire Marshals Office.
14.	It is understanding and direction of the Board that the Applicant will correct deficiency 14 at the direction, to the satisfaction, and within a timetable established by, the State Fire Marshals Office.
15.	 It is the understanding and direction of the Board that the Applicant will correct deficiency 15 at the direction, to satisfaction, and within a timetable established by, the State Fire Marshals Office.
16.	It is understanding and direction of the Board that the Applicant will correct deficiency 16 at the direction, to the satisfaction, and within a timetable established by, the State Fire Marshals Office.
17.	It is the understanding and direction of the Board that the Applicant will correct deficiency 17 at the direction, to the satisfaction, and within timetable established by the State Fire Marshals Office. 
18.	It is the understanding and direction of the Board that the Applicant will correct deficiency 18 at the direction, to the satisfaction, and within a timetable established by, the State Fire Marshals Office.
19.	It is the understanding and direction of the Board that the Applicant will correct deficiency 19 at the direction, to the satisfactions, and within a timetable established by, the State Fire Marshals Office.
20.	It is the understanding and direction of the Board that the Applicant has corrected deficiency 20 at the direction and to the satisfaction of the State Fire Marshals Office.
21.	It is understanding and direction of the Board that the Applicant will correct deficiency 21 at the direction, to the satisfaction, and within a timetable establish by, the State Fire Marshals Office.
22.	 It is the understanding and direction of the Board that the Applicant will correct deficiency 22 at the direction, to the satisfaction, and within a timetable establish by, the State Fire Marshals Office. 
23.	It is the understanding of the Board that the Applicant has corrected the cited ventilation outlined in deficiency 23.  The Board hereby directs the Applicant to correct the reminder of deficiency 23 at the direction, to the satisfaction, and within a timetable established by, the State Fire Marshals Office
24.	The Board hereby directs that the Applicant to correct deficiency 24 as part of the plan of action outlined in deficiency 23.
25.	It is the understanding of the Board that the Applicant will correct deficiency 25 at the direction, and to the satisfaction, and within a timetable established by the State Fire Marshals Office.
26.	It is the understanding and direction of the Board that the Applicant will correct deficiency 26 at the direction, to the satisfaction, and within a timetable established by, the State Fire Marshals Office.
27.	It is the understanding of the Board that the Applicant has corrected deficiency 27 to the satisfaction of the State Fire Marshals Office.
28.	At the request of the parties, the Board hereby leaves this file open until the Applicant has successfully completed the above plan of action to the satisfaction of the State Fire Marshal.  Accordingly, any questions regarding this Decision, or its implementation, may be addressed to the Board without the necessity of reapplication.   

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)].