The above-captioned case was scheduled for hearing on March 23, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Theodore Hopkins of the East Providence Fire Marshals Office.  There were two buildings subject to this appeal.  The first building was a two story place of assembly and the seconded building was a 410 square foot building utilized has a concession stand.  With regard to the first building, a motion was made by Commissioner Burlingame and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.  With regard to concession stand, a motion was made by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was also unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a March 22, 2004, inspection report, covering both building, and complied 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 March 23, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2004 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	( 1 through 8 ) the Board hereby grants a variance to allow the cited basement ladies room door to maintain the existing 24 inches width and the existing swing as outlined in deficiency 1 (3).  The Board hereby grants a variance in order to allow the Applicant to provide the existing cited door jambs of this facility with approved solid core wood doors or fire rated doors, as approved by the East Providence Fire Marshals Office, within 120 days from the date of this decision.  Accordingly, the Board hereby directs the Applicant to correct the remaining deficiency by providing the existing cited door jambs with the above doors, at the direction and to the satisfaction of the East Providence Fire Marshals Office, within 120 days from the date of this decision.  The Applicant shall further equip the above doors with any necessary panic hardware or self-closure required under the above sections by the East Providence Fire Marshals Office.  
2.	(1)(2). The Board hereby directs the Applicant to correct deficiency 2(1) and (2) at the direction and to the satisfaction of the satisfaction of the East Providence Fire Marshals Office, within 120 days from date of this decision.
2(3). The Board hereby directs the Applicant to correct deficiency 2(3) by providing an approved domestic sprinkler head over the furnace of this facility and reviewing the possibility of installing an approved fire damper in the wall or louvre in the window, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days.  Specifically, the Applicant is directed to provide approved make up air to this boiler, at the direction and to the satisfaction of the East Providence Fire Marshal with the above 120 day period.
2(4). The Board hereby directs the Applicant to correct deficiency 2(4) by removing the cited coat racks at the direction and to the satisfaction of the East Providence Fire Marshal.  


2(5). The Board hereby grants variance in order to allow the Applicant to maintain the egress from the second floor of this facility on condition that the second floor is utilized only for storage and will have no other occupancy.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing approved make up air as outlined in deficiency 2(3).
4.	(1 of the report covering the 410 foot concession stand) During the March 23, 2004 hearing on this matter, the Applicant advised the Board that it operated the cited concession stand approximately three (3) days a year during a feast.  In light of the limited use the concession stand and the fact that there is no public occupancy within the concession stand, the Board hereby grants the Applicant time variance in order to provide the cited cooking appliances with an approved extinguisher system.  Specifically, the Applicant is hereby  directed to provide an approved firefighter on duty during all hours the concession stand is utilized until the Applicant has install a fixed suppression system over the cooking appliances of the facility.
5.	( listed as item2 on the supplemental report covering the concession stand) 
The Board hereby directs the Applicant to provide the concession stand with the approved K type portable extinguisher installed at the direction and to the satisfaction of the East Providence Fire Marshals Office prior the next use of this facility by the Applicant.

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)].