Rhode Island Life Safety Code, Section 13.3.5.2.1, was recently amended to allow existing fully alarmed performance theaters to maintain an occupancy of five hundred (500) or fewer patrons without being obligated to provide sprinkler coverage.  In light of this recent development, the Applicant has requested the Board to reconsider its original Decision covering the above-captioned facility and to provide the Applicant with additional time to bring this facility into compliance with its original approved plan of action  with the exception of providing sprinkler coverage  conditioned upon an occupancy load of less than five hundred patrons.
	The above-captioned case was originally scheduled for hearing on August 8, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  An initial motion to accept the Applicants plan of action was made by Commissioner Preiss and seconded by Commissioner Newbrook.  However, this motion failed with two Commissioners voting against the motion.  A second motion, to approve the original plan with a time variance and to have the Applicant return with a detailed plan of action for the sprinkler, exhaust and standpipe systems for this facility, was thereupon made by Commissioner Newbrook and seconded by Commissioner Preiss.  This second motion passed and the original Decision was issued in File No. 050075.
	A second hearing, to review the Applicants above-referenced plan of action for the sprinkler, exhaust system and stand pipe requirements for this facility, was scheduled for January 23, 2007.  At that time, the Board determined that an onsite subcommittee review of the building would be appropriate.  Accordingly, an onsite subcommittee visit was scheduled for January 30, 2007 at 10:00 A.M.
	Vice Chairman Burlingame, along with Commissioners Pearson, Newbrook, Richard, Blackburn and Filippi and the Executive Director, attended the January 30, 2007 onsite review.  Representing the fire service were Fire Marshal Susan Hawksley and Fire Chief Thomas Rowan of the East Greenwich Fire District.  Also in attendance, representing the Odeum Corporation, were its President Frank Prosnitz, its Registered Agent Steve Erinakes, and its Architect Richard Hunt.  The subcommittee recommendations were thereupon presented to the Board during its third hearing on this matter scheduled for January 30, 2007 at 1:00 P.M.  At that time, Vice Chairman Burlingame and Commissioners Preiss, Blackburn, Newbrook, Pearson, Filippi and Richard were present.  A motion to accept the recommendations, as outlined below, was made by Commissioner Newbrook and seconded by Commissioner Filippi.  The motion was unanimous.  
	This case was most recently reviewed by the Board on March 16, 2010, at 1:00 PM, pursuant to the February 8, 2010 written request of the Applicant.  At that time, Chairman Coutu, Vice Chairman Newbrook, and Commissioners Richard, Walker, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Stephen Hughes of the East Greenwich Fire Marshals Office.  A motion (to grant the Applicant a time variance, until September 14, 2010, to work out, and implement, a plan of action and to allow the Applicant to utilize the original Decision with an occupancy of five hundred (500) or fewer patrons) was made by Commissioner Dias and seconded by Vice Chairman Newbrook.  The motion passed unanimously.     

FINDINGS OF FACT
	The Board finds this to be an existing place of assembly having an Assembly occupancy on the first floor of five hundred seventy-three (573) people and a separate second floor Business occupancy of sixteen (16) people for a total occupancy of five hundred eighty-nine (589) people.  The Board further finds that this building does not have a sprinkler system although such a system is now required for any Place of Assembly Theater with an assembly occupant load in excess of five hundred (500) people.  The Board notes that the original standard for this occupancy required a sprinkler system with an occupant load of over three hundred (300) people.  However, that standard was recently increased pursuant to RILSC section 13.3.5.2.1(5).  The Board further finds that the facility has a fire alarm system, installed prior to 2000 which the Applicant is in the process of upgrading at the direction of the East Greenwich Fire Alarm Superintendent.  
	The Board further finds that this facility appears to be a two-story brick and cement structure with a steel-truss and wood roof deck with a rubber membrane roof.  The Board finds that the facility was constructed in 1926.  The Board further finds that there is no basement and that the building is built into a hill.  The Board further finds that the first floor houses a theater with four (4) exits.  The Board further finds that the stage area is separated by a fire-retardant curtain.  The Board further finds that the furnace room is located in a crawl space under part of the first floor that is accessible only by a separate door on the north side of the building.  The Board further finds that the floors are constructed of concrete and that the walls are primarily constructed of concrete plaster on wire lath.
	The Board further finds that the second floor is restricted and is not accessed from the interior of the building.  The Board further finds that the second floor is not part of the Assembly occupancy and that it maintains a means of egress via a forty-four (44) inch wide enclosed stairway which has a door that opens against travel (at the sidewalk level) and a second emergency means of egress via a window onto a fire escape.  The Board further finds that the above window has been closed off by Plexiglass and screws and is therefore currently unusable in the case of an emergency.  The second floor is substantially smaller than the theater due to the fact that the ceiling of the main portion of the theater is two stories in height.  The Board finds that the Applicant and East Greenwich Fire Marshal shall review the egress requirements for the second floor, make any necessary corrections and further address the existing fire escape as outlined below.
	The Board further finds that the second floor is divided with wood partitions into a series of rooms used for storage and limited office work.  The Board finds that there is a projection room containing the original movie projectors also located on the second floor.  However, this room is currently not utilized and not open to the public.  The Board further finds that this area is assessable via a separate enclosed stairway located in the front of the building.  The Board further finds that there is no access to the second-floor crawl space areas from within the assembly area.  The Board further finds that the building is classified as ordinary construction and that the building measures approximately one hundred twenty-seven (127) feet in length and sixty-two (62) feet in width.  
	The Board finds that the Applicant and the East Greenwich Fire Marshals office originally developed a five-part plan of action for the continued limited use of this building.  The Board finds the following components of the plan of action:
1.	 The Theater operates without restriction (except for continuation of 20 reduction of capacity) until February 8, 2007.
2.	The local Fire Marshal will train staff members to perform fire watch duties.
3.	Two (2) staff members will be dedicated to perform the above duties at all performances.
4.	As of February 8, 2007, and if, or until, an approved full sprinkler system is installed, the capacity of the theater shall drop to two hundred ninety-five (295) patrons with no more than seventeen (17) staff and performers [total not to exceed three hundred-twelve (312)].  There shall continue to be two (2) dedicated staff members performing fire watch duties at all performances.
5.	Patron seating above the two hundred ninety-five (295) seats as described above will be blocked off to the satisfaction of the local Fire Marshal, which may include removal if no other means of ensuring non-occupancy can be agreed upon.  When and if sprinklers are installed to the satisfaction of the local Fire Marshal, the occupant load shall be revised back to the original occupant load prior to the 20 reduction.
Finally, the Board finds that the East Greenwich Fire Marshals office has conducted an original inspection of this facility and issued a report dated October 13, 2004.  The Board finds that the above report lists six (6) deficiencies including the upgrade of the fire alarm system and the lack of sprinkler coverage.  

CONCLUSIONS AND VARIANCE REQUESTS 
	As noted in the original Decision, the attached August 2, 2006 Plan of Action, as agreed upon by the East Greenwich Fire Marshal and the owners Registered Agent, and signed by both parties, was not initially accepted by the majority of the members of the Board hearing this case.  This was due to the size of the current stage which automatically triggered additional sprinkler, standpipe and smoke evacuation requirements.  Accordingly, the Board issued its initial Decision (File No. 050075) granting relief until February 8, 2007 at which time the Applicant was to present a plan of action addressing the additional sprinkler, standpipe and smoke evacuation requirements for the stage.
The Applicant had requested to be allowed to operate at full capacity until February 2007 due to the fact that he had previously scheduled, and was committed to, several events based upon the original calculated occupancy.
In accordance with the parties agreed-upon plan of action, as initially modified during the January 30, 2007 subcommittee review of this facility, and subsequently modified during the March 16, 2010 hearing, the Board hereby adopts the parties August 2, 2007 plan of action as modified below:
1.	 The Board hereby grants the Applicant a time variance until September 14, 2010, to repair and make fully operational all of the egress doors serving the Assembly occupancy of this facility at the direction and to the satisfaction of the East Greenwich Fire Marshals Office.  If, in the opinion of the East Greenwich Fire Marshal, any door or doors, need(s) to be replaced with an approved exit discharge door, the East Greenwich Fire Marshal is hereby authorized to grant the Applicant a reasonable amount of additional time to replace the cited egress door(s).
The Board notes that the applicant maintains a Business occupancy within this facility on the second floor.  This Business occupancy has a limited floor area and it is not accessed from the Assembly occupancy.  Rather, it is accessed directly from Main Street.  If, based on the square footage of the second floor, the East Greenwich Fire Marshal determines that the existing fire escape is required as an emergency means of egress, the Applicant is directed to provide full access to, and certify the structural integrity of, the fire escape on or before September 14, 2010.  Specifically, the Applicant shall remove the existing plexiglass over the fire escape access window, make the window fully operational, and have the fire escape certified by a structural engineer.  If the fire escape is not required, it is the direction of the Board that the existing fire escape be removed within the above time period.
2.	The Board directs the Applicant to meet with the East Greenwich Fire Marshal in order to secure approved training for the Odeum Corporations staff members to perform fire watch duties and crowd control duties.
3.	Two (2) staff members will be dedicated to perform the above duties at all performances.
4.	The maximum occupancy of the theater shall be limited to no more than five hundred occupants at any time.
5.	Patron seating above the five hundred (500) seats as described above will be blocked off to the satisfaction of the local Fire Marshal by utilizing steel rods or noncombustible strapping to maintain the seats permanently in an upright position.  The East Greenwich Fire Marshal is hereby authorized to approve any other comparable method of permanently maintaining the excess seats in the upright position or otherwise disabling all of the Assembly seating that exceeds the above authorized five hundred (500) seats.  As agreed by the parties, the applicant shall make the above corrections, at the direction and to the satisfaction of the East Greenwich Fire Marshals Office, by September 14, 2010.
6.	During the onsite subcommittee review, the Applicants representatives advised the members present that they would reduce the size of the stage area to less than one thousand square feet by providing a one hour rated fire separation from the concrete floor below the stage to the top of the concrete plaster archway over the rear of the stage.  Access to the smaller stage, from the newly created dressing area, shall be through rated doors approved by the East Greenwich Fire Marshals Office.  The Board hereby grants the Applicant a time variance, until September 14, 2010, to construct the above one-hour separation at the direction and to the satisfaction of the East Greenwich Fire Marshals Office.  In light of the reduced size of the stage area, the Board hereby directs the Applicant to comply with all fire code requirements for stages with areas of less than one thousand (1,000) feet.
7.	The above relief is limited to the current non-profit ownership of this facility.  If there is any change of ownership in the future, the new owner is directed to either bring this facility into full compliance or return to the Board with a new plan of action before re-occupancy.  In addition, the Board directs the Applicant to treat the seating and curtains within this facility with an approved flame retardant at the direction and to the satisfaction of the East Greenwich Fire Marshals Office on or before September 14, 2010.  The East Greenwich Fire Marshals Office is hereby authorized to extend this deadline for good cause shown.  Finally, the Board recommends that the East Greenwich Fire Marshal work directly with the local electrical inspector to address all of the electrical issues observed during the onsite review.
8.	This file shall remain open in order to address any questions and/or requests from either the Applicant or the East Greenwich Fire Marshals 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 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 with the current owners of the above-captioned facility provided that there is no change in use or occupancy. 
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 above approved subcommittee recommendations now have the status of a full Board Decision. Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.