The above-captioned case was scheduled for hearing on August 26, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Bruce Rice and Robert Emmott of the Union Fire District Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a March 24, 2003 inspection report compiled by the Union Fire District Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshal’s Office during the August 26, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 24, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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. It is the understanding of the Board that the Applicant has corrected deficiency #1 by properly maintaining the cited exit signs at the front exit and at the bottom of the second floor stair.	
	
2. It is the understanding of the Board that the Applicant has corrected deficiency #2 by removing the blockage in front of the cited exit sign at the side exit of this building.
	
3. It is the understanding of the Board that the Applicant has corrected deficiency #3 by repairing and properly maintaining the emergency lights covering the front door, the old bar area, and the outside rear exit of this facility.
	
4. During the August 26, 2003 hearing on this matter, the Board was advised that the old bar area of this building has dollar bills stapled to the ceiling.  The Board was further advised that this area is protected with heat detection and is fully sprinklered and maintains a class “A” municipally connected fire alarm system.  The Board was further advised that there were five (5) means of egress from this facility.  The Board was further advised that attempts were made to fire proof the bills in the bar area.  However, these attempts were not effective.  The Board was further advised that the bar area is approximately 750 square feet of patron accessible space and that the ceiling tiles on to which dollar bills were stapled are themselves adhered to sheet rock which is covering existing horsehair plaster ceiling.  In light of the above factors, especially the sprinkler coverage in this area, the Board hereby grants a variance from the provisions of section 23-28.6-15, in order to allow the Applicant to maintain the cited dollar bills on the ceiling of the old bar.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 at the direction and to the satisfaction of the Union Fire District Fire Marshal’s Office.

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)].