The above-captioned case was scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Filippi and O’Connell were present.  The fire service was represented by Fire Marshal Timothy McLaughlin of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Wahlberg 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 January 10, 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 November 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 10, 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 hereby grants a variance from the provisions of section 23-28.6-2 in order to allow the Applicant to maintain the existing egress width of the rear egress within this facility.  This variance is based on structural hardship.  It is also the understanding of the Board that the Applicant has corrected the remainder of deficiency #1 by removing all of the cited debris from this area to the satisfaction of the Pawtucket Fire Marshal.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by posting this facility at 114 people with additional staff.  The facility shall be posted by the Pawtucket Fire Marshal.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing opened sprinklered stairs within this facility.
	
4.  The Board directs the Applicant to correct deficiency #4 at the direction and to the satisfaction of the Pawtucket Fire Marshal within 90 days of the date of this decision.  The Board shall hereby maintain this as an open file in the event that the Applicant has difficulty in complying with this provision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 at the direction and to the satisfaction of the Pawtucket Fire Marshal within 90 days of the date of this decision.  In the event the Applicant has difficulty making these corrections, the Board shall maintain its file as open to consider alternative plans of action.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.6-10 in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is based on structural hardship.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 with regards to the aisles and seating of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal within 90 days of the date of this decision.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 to the satisfaction of the Pawtucket Fire Marshal.
	
9.  During the November 4, 2003 hearing on this matter, the Board was advised by the Pawtucket Fire Marshal’s office that this facility does maintain a kitchen which does appear to comply with the code.
	
10.  In light of some of the structural difficulties which the Applicant may encounter, the Board shall maintain this as an open file for 90 days from the date of this decision in order to address any further plan of action proposed by either the Applicant or 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)].