The above-captioned case was scheduled for hearing on August 10, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Pearson, Jackson, Preiss, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Wood of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook and Commissioner Richard 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 June 1, 2010 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the August 10, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the June 1, 2010 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.  During the August 10, 2010 hearing on this matter, the Applicant advised the Board that he maintains a thirty-six inch (36") electric griddle in which he primarily reheats precooked foods.  The Applicant further advised the Board that he currently has a grease trap which has to be emptied and cleaned but which does not generate a great amount of grease.  The Applicant further advised the Board that his business is seasonal from May to October.  During the August 10, 2010 hearing, the Board noted that the code would require the Applicant to provide a hood and extinguishing equipment in light of the fact that the food he currently cooks produces grease laden vapors.  However, the Board hereby grants the Applicant a time variance until the Applicant's re-opening of this facility in May of 2011 in which to either install the required equipment as outlined on the June 1, 2010 inspection report or provide the Narragansett Fire Marshal's office with satisfactory documentation that the food cooked in this facility will no longer generate grease laden vapors.  Specifically, the Applicant would have to adjust his menu to eliminate the possibility of creating grease laden vapors within this facility in order to avoid having to install the required equipment.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited key lock box.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with an approved external horn strobe.

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)].