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 David Godin of the Central Coventry Fire District Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 10, 2010 hearing on this matter, the Board was advised that the subject facility had an old dry chemical extinguishing system that currently is operational.  The Board was further advised that the Applicant maintains fire extinguishers and has two (2) means of egress from the dining area along with a third means of egress that could be utilized by the employees of this facility.  The Board was further advised that the facility is approximately fifteen hundred square feet in area and that the Applicants fire suppression fire testing company has reported to the Central Coventry Fire District that the exhaust hood suppression system was non-compliant.  It is the understanding of the Board that the Applicant has corrected the remainder of the deficiencies within this facility.

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 the Applicant a time variance to upgrade the exhaust hood suppression system to bring it into compliance with the code, at the direction and to the satisfaction of the Coventry Fire Marshals office.  Specifically, the Applicant shall have thirty (30) days in which to submit a plan of action to the Central Coventry Fire Marshals Office for the correction of this deficiency.  The Applicant shall be provided an additional 150 days in order to complete this plan of action to the satisfaction of the Central Coventry Fire Marshals Office.  In the event the Board extends its above general time lines in the future, it shall so notify the Central Coventry Fire Marshals Office and provide the Applicant with any additional general time extensions.

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)].