The above-captioned case was scheduled for hearing on May 6, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Walker, Jackson, Blackburn, Preiss, Jasparro, Pearson, Richard and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
The Board finds that the requested relief is an exemption from a fixed ventilation hood and duct system.  The Board further finds that the Applicant maintains a grocery store that sells all prepackaged food items.  The Board further finds that there is no food production on site.  The Board further finds that there is no butcher shop, no cheese cutting or wrapping, deli section, fresh fish department or salad bar.  The Board further finds that all meat, fish and deli items are prepackaged and labeled prior to delivery to the store. 

The Board further finds that food demonstration and sampling varies from day to day.  The Board further finds that the creation of grease laden vapors happens only on a very limited basis.  The Board further finds that the majority of time, the Applicant is sampling ready to eat foods or items that are heated and served and can be reheated in a microwave or convection oven.  The Board further finds that all of the Applicants equipment is NSF approved. 

The Board further finds that the only piece of equipment that would potentially generate grease laden vapor would be the electric hot plate.  The Board further finds that the Applicant has provided the parties with a cut sheet indicating that the unit draws a maximum of only 500 watts and is only designed to hold a small sauce pan or sauce pots that are under four (4) quarts. 
		 
The Applicant has requested that based on the relatively low wattage and small surface area of the heating element as compared to the overall size of the store, that the amount of grease laden vapors produced would be negligent.  

The Board further finds that this is a fully sprinklered and alarmed building and that there is no single commercial kitchen.  Finally, the Board finds that Chapter 12 covering portable cooking equipment outlines safety guidelines in this case.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain the subject electric hotplate as identified above.  As a condition of this relief, the Board directs the Applicant to utilize the safety precautions outlined in Chapter 12 covering portable heating equipment and to take any further safeguards deemed necessary by the Warwick 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 Applicants 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 Boards 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 Boards 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)].