The above captioned case was scheduled for hearing on January 29, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Coutu, O’Connell, Evans, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Coutu to grant the Applicant the relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of September 19, 2001 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal during the January 29,2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 19, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency #1 by removing the cited tables, which are obstructing the path of egress from this facility. 

2.	It is the understanding of the Board that the Applicant shall have corrected deficiency #2 with regard to isle width once the tables referenced in item #l have been removed.

3.	The Board hereby directs the Applicant to correct deficiency #3 by providing an approved fusible link on the hood system of this facility, at the direction and to the satisfaction of one hundred and eighty (l80) days from the date of this Decision.

4.	The Board hereby directs the Applicant to correct deficiency #4 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	During the January 29, 2002 hearing on this matter, the Board was advised that the Applicant sought to be allowed to increase the occupancy of this facility after 9:00 p.m.  As a condition of this increased occupancy, the Applicant agreed to relocate the panic hardware in this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal, within thirty (30) days.  The Applicant further agreed to remove the soup table and all non-booth tables and chairs each night prior to the increase in occupancy.  The Applicant further agreed to not occupy any of the residential units above this restaurant and to leave them vacant with the exception of one (l) unit which will be utilized only as a salad preparation room.  There shall be no cooking allowed in this apartment unit.  The occupancy of this facility is currently limited to one hundred and five (l05) people.  The requested increase would allow an occupancy of an additional twenty-five (25) people to the new maximum occupancy, under the above conditions, of one hundred and thirty (l30) people.  As a final condition of this variance, the Applicant has agreed to have the building inspector review this facility for structural integrity.  In light of the above, the Board hereby grants a variance from the provisions of Chapter 23-28.6 in order to allow the maximum occupancy of this facility to be increased from 105 people to 130 people after 9:00 p.m.  In granting this variance, the Board directs the Applicant to remove the soup table and all non-booth tables and chairs prior to any increase in occupancy each night.  This variance shall become effective only when the fire alarm system is fully certified by the Woonsocket Fire Marshal’s Office.  Accordingly, the variance may become effective within one hundred and twenty (l20) days as outlined in item #4 or at a time sooner if the fire alarm system is so certified. 

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]