The above-captioned case was scheduled for hearing before a subcommittee of the Board on July 15, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Walker, Dias and Jackson were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jackson to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.

The above recommendations were thereupon presented to the full Board on July 20, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Preiss, Blackburn, Jackson and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Jackson and seconded by Vice Chairman Newbrook.  The motion was unanimous.  Accordingly, the subcommittee recommendation has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 25, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 15, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the June 25, 2008 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.  The Board hereby grants a variance from the provisions of sections 13.3.2.2, 13.2.3 and NFPA 96 section 4.1.1 in order to allow the Applicant to maintain the cited commercial-type stove located in the kitchen of this facility without an approved exhaust system, provided that the Applicant adheres to the limitations cited herein.  As a condition of this variance, it is the understanding and direction of the Board that the stove shall only be utilized a maximum of three (3) times per year and only for warming foods that would not generate grease-laden vapors.  In the event the Applicant wishes to exceed the above limitation of three (3) times per year, the Applicant must first notify the State Fire Marshal's office for specific approval for the additional use of the stove.  The Board notes that during the hearing, it was advised that the area in which the stove is located is primarily utilized as an exercise area and that the limited events would be involved during graduation exercises.
	2.  The Board hereby grants a variance from the provisions of sections 13.3.2.2, 9.2.3 and NFPA 96 sections 10.1.1 and 10.1.2 in order to allow the Applicant to maintain the cited commercial stove, for limited use as outlined in item 1 above, without an extinguishing system.  The Board specifically notes that the Applicant shall, as a condition of this variance, comply with all of the mandates outlined in item 1 above at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the State 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).