The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Krapf and Dillon of the Providence Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Walker 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 a September 24, 2009 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 24, 2009 inspection report as its initial findings of fact.  Any modification of the Boards 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiencies 1, 2, 3 and 4.  The Board further grants the Applicant a time variance of an additional 120 days to implement the above plan of action, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby grants the Providence Fire Marshal's office the ability to extend the above deadlines for good faith efforts being shown by the Applicant.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the Providence Fire Marshal's office by replacing the cited electrical outlet cover on the outlet at the main entrance of this facility.
	6(a)(b)(d).  The Board hereby grants the Applicant the time variance outlined in item 1 above to correct deficiencies 6 (a)(b)(d).
	6(c).  It is the understanding of the Board that the Applicant has corrected deficiency 6(c) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6(e).  During the January 5, 2010 hearing on this matter, the Applicant and the Providence Fire Marshal's office agreed that the kitchen hood filters would be cleaned as soon as possible and that the Applicant would provide documentation from a cleaning company certifying the cleaning of the kitchen hood exhaust.  The Board was further advised by the Providence Fire Marshal that she had no objection to providing the Applicant with a trial period in which the Applicant could clean the hood on an annual basis.  However, if the Providence Fire Marshal returned and discovered the hood not to be properly cleaned, the parties would revert back to a biannual cleaning of the hood as required under the code.  Accordingly, the Board hereby grants a variance from the provisions of section 4.5.7 and its referenced standards in order to allow the Applicant, on a trial basis, to clean this hood annually to the satisfaction of the Providence Fire Marshal's office.  However, if the Providence Fire Marshal's office determines that the above arrangement is not satisfactory for proper maintenance of the system, the Applicant shall then clean the hood in accordance with the code on a biannual basis.
	7(a).  The Board hereby grants a variance from the provisions of sections 15.2.1.1 and 7.1.3.2.1 in order to allow the Applicant to maintain the existing rating of the cited door with wire glass.  The Board further directs the Applicant to correct the cited push/pull hardware of this door by installing appropriately latching hardware at the direction and to the satisfaction of the Providence Fire Marshal's office within the time period outlined in item 1 above.  
	7(b).  The Board hereby directs the Applicant to correct deficiency 7(b) by covering the cited air vent with a 5/8 sheetrock cover installed at the direction and to the satisfaction of the Providence Fire Marshal's office within the time period outlined in item 1 above.
	7(c).  It is the understanding of the Board that the Applicant has corrected deficiency 7(c) at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7(d).  During the hearing, the Board was advised that the Applicant had enclosed the janitor closets within this facility with doors.  The Board hereby grants the Applicant a variance in order to maintain the janitors closet with an approved self-closer on the door.  The Board hereby directs the Applicant to install the above self closer within the time period outlined in item 1 above.
	7(e).  7(7).  The Board hereby grants the Applicant a time variance as outlined in item 1 above to correct the remaining deficiencies cited in item 7.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.  Specifically, the Board understands that the Applicant has correct deficiency 8(c) at the Providence Fire Marshal's office by appropriately marking off the parking area to avoid the cited ramp from being partially blocked.  
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by not chocking open the cited doors.  The Board hereby grants the Providence Fire Marshal's office the authority to allow the Applicant to prop open particular doors until approved vision panels are secured by the Applicant.  However, if during a future inspection the Providence Fire Marshal's office determines that certain doors are habitually chocked open, the Applicant may be required by that office to utilize approved hold-open devices tied into the fire alarm system.
	11.  The Board hereby grants a variance from the provisions of section 15.2.2.3.1 and 7.2.2.5.3.2 in order to allow the Applicant to maintain any cited janitors closet with a new door and spring loaded hinge as outlined in item 7(d) above.
	12.  The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the Applicant to maintain the existing cited corridor width.  This variance is based on structural hardship.
	13.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop and present a plan of action for the installation of a municipally connected fire alarm system in this facility.  The Board further grants the Applicant a time variance of 120 additional days in order to install that system at the direction and to the satisfaction of the Providence Fire Marshal's office.
	14.  The Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in order to develop and submit a plan of action for the installation of emergency lighting within this facility.  The Board further grants the applicant a time variance of 120 additional days in order to install that system at the direction and to the satisfaction of the Providence Fire Marshal's office.  
	15.  The Board hereby grants a variance from the provisions of section 15.3.6 and its referenced standards in order to allow the Applicant to maintain the existing cited corridor rating within this facility.  In granting this variance, it is the understanding of the Board that the corridor walls are in good condition.
	16.  It is the understanding of the Board that the curtains have been removed from the janitors closet as outlined above.  The Board hereby directs the Applicant to provide the Providence Fire Marshal's office with proof of the rating of all of the curtains within this facility or to remove the same.

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)].