The above-captioned case was scheduled for hearing on July 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 12, 2011 hearing on this matter, the Board was advised and finds that this is a three-story wood frame facility of type five construction.  The Board was further advised and finds that the Applicant maintained a limited assembly occupancy on the first floor of seventy-five (75) people and residential occupants on the second and third floors of this facility.  The Board was further advised and finds that this variance request involves the duct work of the commercial cooking equipment within this facility.  Specifically, the Board finds that the Applicant is planning to install 22 gauge sheet metal with either approved wool batting or a ceramic fiber blanket in the middle of the duct work assembly, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board further finds that the Applicant is requesting a variance to maintain a three-inch distance from the duct work.  The Board was further advised and finds that the material utilized in creating this duct work meets the 701 standard and, pursuant to Commissioner Dias suggestion, the Applicant shall provide verification on the product to the Providence Fire Marshals Office.  Finally, the Board was advised and finds that the commercial cooking equipment is protected by a full suppression system.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 50.2.10.1 and 50.2.10.3.2 in order to allow the Applicant to maintain the proposed hood and duct system with a  variance to maintain a three-inch distance from the adjacent surfaces.  In granting this relief, it is the understanding of the Board that the material utilized to create this system shall meet NFPA 701 and that the Applicant shall verify this fact.  Finally, it is the understanding of the Board that the stove has a complete suppression system, and that based on the existing configuration, it would be a structural hardship for the Applicant to improve this situation.

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)].