The above-captioned case was scheduled for hearing on August 1, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Pearson, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Rave of the East Providence Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 26, 2006 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the August 1, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the July 26, 2006 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by removing the cited storage from the rear egress of the upstairs office.
	2.  The Board hereby grants a variance from the provisions of section 7.2.1.5.2 in order to allow the Applicant to maintain the cited keyed interior deadbolts servicing the upstairs office area.  In granting this variance on the basis of security hardship, the Board directs the Applicant to keep this lock unlocked during all periods of occupancy.  The Board notes that the occupancy of this area is generally limited to three (3) people and the Board hereby directs the Applicant to provide signage directing those utilizing this office to maintain this door unlocked during that occupancy.
	3.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency 3 at the direction and to the satisfaction of the East Providence Fire Marshal's office.  
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 in the ballroom, cocktail lounge and mens grille, by providing approved fire retardant on the ceilings, walls and woodwork.  The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to allow the Applicant and the East Providence Fire Marshal's office to work out a program for addressing the remaining woodwork within this facility within a timetable approved by the East Providence Fire Marshal's office.  Specifically, the East Providence Fire Marshal's office shall have the authority to extend the timelines for this project beyond the original ninety (90) day variance.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by repairing the cited door from the kitchen to the rear stairwell, at the direction and to the satisfaction of the East Providence Fire Marshal's office within ninety (90) days of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of sections 7.2.2.4.1.1. and 7.2.2.4.1.6 in order to allow the Applicant to provide a handrail on one side of the cited thirty-three (33) inch stairs.
	7.  The Board hereby grants a variance from the provisions of sections 7.2.2.4.1.1 and 7.2.2.4.1.6 in order to allow the Applicant to provide a single handrail on the thirty-two (32) inch wide stairs.
	8.  The Board hereby grants a variance from the provisions of sections 7.2.2.4.1.1 and 7.2.2.4.1.6 in order to allow the Applicant to maintain the exterior concrete stairs without additional handrails.  As a condition of this variance, the Board directs the Applicant to provide any additional safeguards deemed necessary in this area by the East Providence Fire Marshal's office within a timetable established by that office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 to the satisfaction of the East Providence Fire Marshal's office.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 to the satisfaction of the East Providence Fire Marshal's office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing the cited existing door frame with an approved twenty-minute door equipped with spring loaded hinges, at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by providing an approved 5/8 inch sheetrock shield under the north basement stairs and to further seal off all penetrations at the direction and to the satisfaction of the East Providence Fire Marshal's office within ninety (90) days of the date of this decision.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	16.  The Board hereby grants the East Providence Fire Marshal's office the authority to extend the above ninety (90) day deadlines when, in the opinion of that office, it is determined that the Applicant has made good faith efforts to comply.

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)].