The above captioned case was scheduled for hearing on June 18, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Evans, Filippi, Coutu, Pearson, Preiss, ?Burlingame, Wahlberg, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshals George Calise and Russell Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg 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 November 1, 2001 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Providence Fire Marshal and the Applicant during the June 18, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the November 1, 2001 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. A.	The Board hereby grants a variance from the provisions of Section 23-28.6-7(d) in order to allow the Applicant to maintain the existing front stairwell unenclosed to the upstairs restaurant.  In granting this variance, it is the understanding of the Board that the Applicant has maintained a system of domestically supplied sprinkler heads along the path of egress.  Accordingly, the above sprinkler heads shall be maintained as a required system for the purpose of maintenance.
	  B. & C. The Board hereby directs the Applicant to correct deficiencies 1B and 1C, within ninety (90) days from the date of this Decision.
	2.	The board hereby directs the Applicant to correct deficiency 2 by removing the cited stored combustible materials, at the direction and to the satisfaction of the Providence Fire Marshal.
	3.	The Board hereby directs the Applicant to correct deficiency 3 by removing the cited deadbolt lock, at the direction and to the satisfaction of the Providence Fire Marshal.
	4.	The Board hereby directs the Applicant to correct deficiency 4 by installing a second handrail on the rear stairway, at the direction and to the satisfaction of the Providence Fire Marshal.
	5.	The Board hereby grants a variance from the provisions of Section 23-28.6-10(b) in order to allow the Applicant to maintain the existing landing on the top of the cited stairs.  This variance is based on structural hardship.
	6.	The Board hereby directs the Applicant to correct deficiency 6 by removing the cited acoustical material, at the direction and to the satisfaction of the Providence Fire Marshal.
	7.	The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with the cited emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal.
	8;.	The Board hereby directs the Applicant to correct deficiency 8 by properly marking the circuit breakers in the electrical panels, at the direction and to the satisfaction of the Providence Fire Marshal.
	9.	The Board hereby grants the Applicant a maximum time variance of ninety (90) days from the date of this Decision in which to effect the above corrections.  The Board anticipates that items which, can be corrected without major construction, shall be corrected in a much shorter period of time.
	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.  
	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.  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.  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.  
	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)].