The above-captioned case was scheduled for hearing on September 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Filippi, Newbrook, Burlingame, Pearson, Coutu and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Coutu 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 June 20, 2003 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the September 30, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 20, 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.  The Board finds item #1 to be informational in nature and not a violation of the State Fire Code.
	
2.  During the September 30, 2003 hearing on this matter, the Board was advised that the first floor assembly area maintains a maximum occupancy of 150 people and that the second floor assembly area maintains a maximum occupancy of 150 people.  The Board was further advised and finds that while the second floor has two full means of egress one goes through the first floor and out.  Accordingly, the Pawtucket Fire Marshal’s office has requested that the two assembly areas not be utilized simultaneously until approved separate egress is provided by the Applicant.  Accordingly, the Board hereby grants a variance from the provisions of section 23-28.6-5 in order to allow the Applicant to maintain the egress systems of this facility as modified herein, but only using either the first floor or the second floor as an assembly occupancy at any one period of time.  If in the future the Applicant is able to provide sufficient separate egress from both levels of this facility, this restriction may be lifted upon the Applicant’s re-petitioning the Board.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.6-6 in order to allow the Applicant to maintain occupancy of the second floor assembly area above, conditioned upon the Board’s directives in item #2 above.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 to the satisfaction of the Pawtucket Fire Marshal’s office.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 to the satisfaction of the Pawtucket Fire Marshal’s office.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing the cited stairways with approved handrails installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within thirty (30) days of the date of this decision.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing this facility with approved additional exit signage installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within thirty (30) days of the date of this decision.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with approved additional emergency lighting installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by providing this facility with approved fire extinguishers to the satisfaction of the Pawtucket Fire Marshal.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 by removing the cited curtains to the satisfaction of the Pawtucket Fire Marshal.
	
11.  The Board hereby directs the Applicant to correct deficiency #11 by providing the cited boiler with an approved sprinkler head or rated wall assembly installed at the direction and to the satisfaction of the Pawtucket Fire Marshal and to further provide the boiler with an approved remote shut-off switch also at the direction and to the satisfaction of the Pawtucket Fire Marshal.  The Board hereby grants the Applicant an additional thirty (30) days from the date of this decision in order to comply with the above corrections.
	
12.  The Board hereby directs the Applicant to correct deficiency #12 by properly zoning the fire alarm system of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee within thirty (30) days of the date of this decision.  In granting this relief, it is the understanding of the Board that the first floor of this facility is currently completed and properly zoned.  The Board hereby directs the Applicant to maintain an approved fire fighter detail during all hours of assembly occupancy of this facility until the above corrections are made to the satisfaction of the Pawtucket 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)].