The above-captioned case was scheduled for hearing on August 17, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Preiss, Jasparro, Jackson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro 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 January 11, 2010 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the August 17, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 11, 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 17, 2010 hearing on this matter, the Board was advised that this is a seasonal assembly occupancy that is membership owned.  The Board was further advised by the North Kingstown Fire Marshals Office that in 2001 the Applicant had agreed to eliminate cooking in this facility in order to avoid the requirement of fixed suppression.  However, upon re-inspection of this facility, some nine (9) years later, the North Kingstown Fire Marshals Office has found that they are currently cooking.  The Board notes that while the Applicant is not utilizing a fry-o-later or other such commercial items within this facility, it is still apparent that he is generating grease-laden vapors due to the meals that are currently served within this facility.
	In light of the above, the Board hereby grants the Applicant a time variance of thirty (30) days in which to submit a plan of action for the correction of deficiency 1 by bringing the kitchen hood and duct system into compliance with NFPA 96 Standard for Ventilation Control and Fire Prevention of Commercial Cooking Operations.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  Finally, the Board grants the North Kingstown Fire Marshals Office the ability to extend either of the above deadlines for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the same time variance outlined in item 1 above in order to correct deficiency 2 at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	3-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4 and 5 at the direction and to the satisfaction of the North Kingstown Fire Marshals 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)].