The above-captioned case was scheduled for hearing on July 27, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Preiss and Richard were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss and Commissioner Dias.

FINDINGS OF FACT
	By letter dated July 2, 2010 and again during the July 27, 2010 hearing on this matter, the Board was advised and finds that Rhode Island College plans to install an electric "Holman Conveyor Baker" within the "Back Servery" area of this facility.  The Board was further advised that the purpose of this oven is to heat pizza, sandwiches and cookies.  The Board was further advised that an exhaust hood will be installed.  However, Rhode Island College has requested a variance to omit the automatic fire extinguishing-type of equipment.  The Board was further advised by the Applicant's architect that the above described oven is similar to the Quizno's equipment, outlined in Blanket Variance 05-26, that had been exempted from the suppression requirements.  It is the understanding of the Board that all other fire code deficiencies within this facility have been corrected at the direction and to the satisfaction of the State Fire Marshal's office.
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 NFPA 96 section 10.1.1 and its referenced standards in order to allow the proposed electric "Holman Conveyer Baker" to be installed only with a Type 2 hood and not with a full suppression system.  In granting this relief, it is the understanding of the Board that this unit shall not generate grease laden vapors and therefore would qualify as a similar unit to the one described in Blanket Variance 05-26. 

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)].