The above-captioned case was originally scheduled for hearing on September 14, 2004 at 1:00 P.M.  At that time, the matter was assigned to subcommittee for an on-site review of the facility.  The subcommittee convened on-site at 9:30 AM on October 12, 2004.  After touring the facility and discussing the plan of action with the Applicant and the East Providence Fire Marshal’s Office, the subcommittee reported back to the full Board on October 12, 2004 at 1:00 PM.  At that time Chairman Farrell and Commissioners Preiss, Newbrook, Coutu, Burlingame, Pearson and Filippi were present.  A motion was made by Commissioner Coutu and seconded by Commissioner Filippi 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 an August 2, 2004 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the subcommittee and follow up hearing on this matter.  Accordingly, the Board hereby incorporates the August 2, 2004 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 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to correct deficiency #1 by providing the East Providence Fire Marshal’s Office with an approved seating plan for the assembly areas of this facility and to re-post the facility in accordance with the approved seating plan.  Specifically, the Board directs that the calculation for seating shall be less than 300 people and that the Applicant and the East Providence Fire Marshal’s Office shall determine the final number of patrons within this facility.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by repairing the cited first floor kitchen exhaust system, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within 120 days from the date of this decision.
	
3. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct the extinguishing system in the first floor kitchen hood of this facility at the direction and to the satisfaction of the East Providence Fire Marshal.
	
4. The Board hereby directs the Applicant to correct deficiency #4 by properly testing and certifying the extinguisher in the second floor heating room, at the direction and to the satisfaction of the East Providence Fire Marshal, within thirty (30) days from the date of this decision.
	
5. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to correct deficiency #5 by either modifying the existing doors or replacing these doors with an approved door installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  The Board hereby grants the Applicant a time variance of 120 days in order to effect the above corrections.
	
6. The Board hereby grants the Applicant a time variance from the provisions of the Rhode Island Life Safety Code section 13.2.2.2 in order to allow the Applicant to maintain the existing width of the cited egress doors leading from the first floor bar to the exterior of this facility.  In granting this variance on the basis of structural hardship, the Board directs the Applicant to provide this egress area with emergency lighting both inside and out and to further partition off the exposed gas lines at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  The Board notes that the walls separating the gas line from the egress would not be required to be rated and the Applicant may further provide this wall with an approved access panel at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  Finally, the Board directs the Applicant to provide the appropriate height chases in this area with a sealant, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
7. The Board hereby grants a variance from the provisions of section 13.2.2.2 as it relates to the cited first floor restaurant east door to the bar.  The Board notes that this door is technically not part of the egress system and that the Applicant maintains the appropriate travel distance to the required exits from this area.
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 by removing the cited storage in the egress path.
	
9. It is the understanding of the Board that the Applicant has corrected deficiency #9 by removing the cited storage from the first floor bar southeast egress area.
	
10. It is the understanding of the Board that the Applicant has corrected deficiency #10 relating to the second floor bar exit sign.
	
11. It is the understanding of the Board that the Applicant has corrected deficiency #11 as it relates to the first floor south exit sign.
	
12. The Board hereby directs the Applicant to correct deficiency #12 by using one (1) or a combination of the options cited below.  The Applicant can either provide the cited wood paneling with an approved class “A” finish at the direction and to the satisfaction of the East Providence Fire Marshal’s Office or the Applicant can remove the cited paneling and expose the non-combustible surface.  The Applicant would further be allowed to resurface the concrete on the back walls with a non-combustible finish.  Again, the Applicant may use one (1) or more of the above methods in addressing the interior finish of this facility.  For example, if the Applicant wishes to maintain wood paneling in a particular area, the Applicant could provide this wood paneling with an approved clear coat class “A” finish.  The Applicant then could remove paneling in other areas to expose the concrete walls of this facility or re-finish those walls with an approved non-combustible surface.  The Applicant shall have a time variance of 120 days in order to make the above corrections.
	
13. As outlined in item #12, the Applicant is hereby granted a time variance of 120 days to correct deficiency #13.
	
14. As outlined in item #12 above, the applicant is hereby granted a variance of 120 days to address deficiency #14.
	
15. It is the understanding of the Board that the applicant has corrected deficiency #15 by repairing the emergency lights in the first floor kitchen restaurant of this facility.
	
16. It is the understanding of the Board that the Applicant has corrected deficiency #16 by removing the cited furnace room and providing an approved rating installed at the direction and to the satisfaction of the East Providence Fire Marshal.  It is the further understanding of the Board that the new furnace room is equipped with a shut off and sprinkler head installed at the direction and to the satisfaction of the East Providence Fire Marshal.
	
17. It is the understanding of the Board that the Applicant has corrected deficiency #17 by providing the second floor furnace room with an approved remote shut off switch.
	
18. The Board hereby grants a variance from the provisions of the Rhode Island Life Safety Code section 13.2 and its referenced standards in order to allow the Applicant to address the cited exit as outlined in item #6 above.
	
19. The Board hereby grants a variance from the provisions of the Rhode Island Life Safety Code section13.2.2.3 and its referenced standards in order to allow the Applicant to maintain kitchen storage in the south stairway entrance storage closet under the stairs.  In granting this variance the Board notes that the underside of the cited stairs is of steel construction.  The Board further directs the Applicant to provide the non-combustible walls of the storage closet with an approved 5/8-inch sheet rock finish installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  The Board further directs the Applicant to provide the closet door with an approved self-closure and either provide the closet area with an approved domestically supplied sprinkler head or heat detector at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days from the date of this decision.
	
20. As a condition of the variance granted herein, the Board directs the Applicant to immediately remove the door stops and other hold open devices on the egress doors leading to the stairways of this facility.  If the Applicant needs to maintain these doors in the open position, the Applicant may use approved magnetic hold open devices connected to the fire alarm system.  The above hold open devices shall be installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office if deemed necessary by the Applicant.
	
21. The hereby grants a variance in order to allow the Applicant to maintain existing basement headroom of this facility on the basis of structural hardship.

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)].