The above-captioned case was scheduled for hearing on November 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, O’Connell, Filippi, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell 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 October 27, 2004 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the November 30, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the October 27, 2004 plan review 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. through 13.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
14.  The Board hereby grants a variance from the provisions of section 7.11.4 in order to allow the Applicant to maintain the existing exit from mechanical room #1.  In granting this variance, the Board notes that mechanical room #1 is an area containing approximately 406 square feet and that the owner has agreed to limit and restrict this space to the owner’s office and an area of limited storage.  The Board further directs that there shall not be more than three (3) people in this area at any one time.  This variance is granted pursuant to the above conditions.

SECOND LIST OF DEFICIENCIES FOR PLANS SUBMITTED COVERING GRACIE’S RESTAURANT

1.  The Board hereby grants a variance from the provisions of section 7.5.1.3.1 in order to allow the Applicant to maintain the existing remoteness of the two (2) exits from Gracie’s basement.  This variance is granted on the basis of structural hardship in light of the existing condition.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2 by providing a sheet rock finish.  The Board further directs the Applicant to correct the remainder of this deficiency by providing any other area with an approved interior finish installed at the direction and to the satisfaction of  the Providence Fire Marshal’s office.
	
3. through 5.  The Board hereby directs the Applicant to correct deficiencies 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshal’s office.  

PLAN DEFICIENCIES FOR THE HOOD AND DUCT SYSTEM IN GRACIE’S RESTAURANT

1. through 23.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 at the direction and to the satisfaction of the Providence 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)].