The above-captioned case was scheduled for hearing on June 7, 2005 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Chairman Farrell, Vice Chairman Coutu and Commissioners Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Moise, Fournier and Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to recommend the plan of action outlined herein to the full Board.  This matter was subsequently reviewed by the Board and approved on June 14, 2005.  

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a December 20, 2004 inspection 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 June 7, 2005 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the December 20, 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 this Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1-6.  It is the understanding of the Board that deficiencies 1, 2, 3, 4, 5 and 6, as outlined on the December 20, 2004 inspection report, have been corrected by the Applicant.
	
7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct deficiency #7 by connecting the fire suppression for the hood and duct commercial cooking ventilation system directly to the fire alarm system.
	
8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to correct deficiency #8 by properly venting the cited natural gas fueled pizza oven to the exterior of the building. 
	
9.  The Board hereby grants a variance from the provisions of sections 13.3.2.2, 9.2.3 and NFPA Standard 96 section 4.2.1 in order to allow the Applicant to maintain a twelve (12”) inch separation from the top of the hood to the exposed wood frame construction above it.  In granting this variance, the Board further directs the Applicant to provide an approved sheetrock assembly above the duct, at the direction and to the satisfaction of the Providence Fire Marshal’s office, within 120 days of the date of this decision.  In granting this variance on the basis of structural hardship, the Board notes that this entire area is fully sprinklered.
	
10.  The Board hereby grants a variance from the provisions of sections 13.2.2, 9.2.3 and NFPA 96 section 4.2.1 in order to allow the Applicant to maintain the cited horizontal duct work in conjunction with sprinkler coverage and any additional safeguards deemed necessary by the Providence Fire Marshal’s office.  In granting this relief, the Board directs the Applicant to implement any safeguards deemed necessary by the Providence Fire Marshal’s office within 120 days of the date of this decision.
	
11.  It is the understanding of the Board that the Applicant has corrected deficiencies 11a, b and c.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide emergency lighting in the electrical room area at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
12.  It is the understanding of the Board that the Applicant has corrected deficiency #12 by maintaining the cited egress clear and by removing the cited locks.
	
13.  The Board hereby directs the Applicant to correct deficiency #13 by submitting to the Communications Division of the Providence Fire Marshal’s office an approved plan of action for the full upgrade of the fire alarm system of this facility, and to further fully implement this plan of action by installing the above system within 120 days of the date of this decision.
	
14.  It is the understanding of the Board that the Applicant has corrected deficiency # 14 to the satisfaction of the Providence Fire Marshal’s office.
	
15.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision, in order to correct deficiency #15 by relocating the cited sprinkler coverage to the satisfaction of the Providence Fire Marshal’s office.
	
16.  It is the understanding of the Board that deficiency #16 is moot an no longer a violation of the State Fire Code.
	
17.  The Board hereby directs the Applicant to correct deficiency #17 as part of the fire alarm upgrade of this facility within 120 days of the date of this decision.

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)].