The above-captioned case was originally scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and the Commissioners present determined that a subcommittee of the Board should conduct an on-site inspection of the facility and review the fire safety recommendations of the East Greenwich Fire Marshal and assess the recent fire safety improvements made to this facility by the Applicant.  The on-site review of this facility was conducted by subcommittee on May 27, 2003.  Chairman Farrell and Commissioners Wahlberg, Burlingame, Preiss and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal’s Office and Fire Chief Thomas Rowan of the East Greenwich Fire Department.  

The subcommittee recommendations were thereupon presented to the full Board on June 3, 2003 at 1:00P.M.  At that time, Chairman Farrell and Commissioners Filippi, Preiss, Newbrook, Richard, Wahlberg, Pearson, Coutu, Burlingame and O’Connell were present.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.  Accordingly, the recommendations of the subcommittee as outlined herein are a full decision of the Board.  In the event the Applicant wishes to have review of the Board decision, the Applicant can petition the Board for full review as outlined below.

FINDINGS OF FACT

During the May 27, 2003, on-site visit to this facility, the subcommittee made the following observations and recommended findings of fact:
	
The Board finds that the subject facility is two stories in height and utilized as a place of assembly.  The Board further finds that on July 28, 1981, variances were granted to allow the first floor of this facility to maintain a maximum occupancy of 375 people, and the second floor of this facility to maintain a maximum occupancy of 175 people.  The Board further finds that the facility is partially protected by a sprinkler system, a fire alarm system, emergency lights, and exit signs.
	
During the onsite, the Board noted that many of the sprinkler heads were obstructed by the HVAC and other building members.  The Board would recommend that the Applicant work with the East Greenwich Fire Marshal in correcting this deficiency.  The Board would also recommend that the Applicant upgrade its fire alarm system by installing a panel, battery back-up, approved publicly addressable pull stations, smoke detectors and a flow switch connection to the sprinkler system along with a connection of the hood and duct cooking suppression system to the fire alarm.  
	
The Board finds that the deck, on the eastern, waterfront side of this building has been enclosed with a roof and overhead doors containing glass panels.  The Applicant has agreed to extend sprinkler and alarm coverage to this additional space on the first floor.  The Board further finds that the Applicant has provided the first floor with several new exit doors at locations approved by the East Greenwich Fire Marshal’s office.  The Board finds that the floor space on the second floor of this facility has also been substantially expanded by the Applicant.  While the second floor had two original exits, the expansion of this level created a question of remoteness of these exits.  In order to provide the required remoteness of exits, the Applicant has agreed to provide the second floor with an emergency exit approved by the East Greenwich Fire Marshal and Building Official. 
	
The Board finds that the Applicant is working closely with the East Greenwich Fire Marshal and upgrading the sprinkler, fire alarm and egress system of this facility.  Finally the Board finds that the Applicant is maintaining a “tent-like” structure in a location to the north west of his building.  The Applicant is also working with both the East Greenwich Fire Marshal and the East Greenwich Building Official to provide this tent with approved exit signs, mechanical and egress systems.  The Applicant has requested relief to be allowed to maintain this tent on a year round basis.  It is the understanding of the Board that all other deficiencies in this facility have been corrected by the Applicant.
	
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.  Conditioned upon the Applicant’s agreement to comply with all of the Board’s recommendations to extend and upgrade the building’s sprinkler and fire alarm coverage, and to provide a remotely located emergency means of egress from the second floor of this facility, the Board finds that the original 1981 occupancy variances are not void.  In making this determination, the Board notes that while the occupancy has remained the same, the Applicant has increased the overall square footage of this facility.  Additional protection is necessary to compensate for the increases in the facility size.  The Board further notes that the Applicant has also provided this soon to be fully sprinklered and alarmed building with several additional egress doors leading directly to the outside.
	
2.  As noted above, the Applicant has agreed to remedy the remoteness of the second floor egress by providing an emergency means of egress from the second floor at the southern end of this building.  Emergency door may be located either in the southern wall or in the southern end of the western wall provided it is approved by the Fire Marshal and Building Official.  If the door is located in the western wall, it shall be located at the first point where the exit path leading from the door would not be obstructed by any rooftop units.  If the door is located in the western wall, a steel grate and handrails, supported solely by the western and/or southern walls (not the roof) shall lead from the door across the roof to a landing and stairway to the southern exterior grade.  The construction materials used in fabricating the actual landing and stairway from either the southern wall or from the end of the steel grate from the western wall, to grade, shall be selected and installed at the direction and to the satisfaction of the East Greenwich Fire Marshal upon consultation with the Building Official.
	
3.  The Board hereby grants a variance to allow the Applicant to maintain the cited tent on a year round basis in accordance with the following conditions.  First, the tent shall not be occupied during the winter months.  Second, during the periods the tent is unoccupied, the Applicant shall weatherproof it to the satisfaction of the East Greenwich Fire Marshal.  Third, the Applicant shall provide the East Greenwich Fire Marshal with approved annual certifications of the tent’s fire resistant rating.  Forth, the Applicant shall provide this tent with any additional fire safeguards requested by the East Greenwich 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 subcommittee’s recommendation and decision to the full Board within thirty (30) days of the mailing date of this Decision.  Any such appeal must be in writing and directed to the Chairman of the Fire Safety Code Board of Appeal and Review.  Upon receipt of such an appeal, all variances and other recommendations of the subcommittee are suspended and the case shall be heard and considered by the full Board on a “de novo” basis.