The above-captioned case was scheduled for hearing on December 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, 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 Burlingame and seconded by Commissioners Richard and Blackburn 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 an October 25, 2011 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 December 13, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 25, 2011 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 December 13, 2011 hearing on this matter, the Board was advised by the North Kingstown Fire Marshals Office that the Applicant shall comply with full fire alarm and sprinkler coverage within this facility, and that therefore, only items 2 and 3 of the October 25, 2011 inspection report needed to be addressed.  Accordingly, it is the understanding of the Board that the Applicant shall correct deficiency 1 at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	2-3.  The Board hereby grants a variance from the provisions of RI Life Safety Code NFPA 101 13.3.2.2 and its referenced standards along with RI Uniform Fire Code NFPA 96 section 10.1 and its referenced standards in order to allow the Applicant to maintain a four-burner residential range in this facility and to utilize a cabinet-style non-ducted hood system directly for the stove.  In granting this relief, it is the understanding and direction of the Board that the cited residential range shall not generate grease laden vapors from its use.  It is the further understanding and direction of the Board that the hood system shall be connected to the fire alarm system at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  Finally, in granting this relief as noted above, it is the understanding of the Board that the Applicant shall provide this facility with a full fire alarm and sprinkler system to provide additional protection to this range.
	4-10.  It is the understanding and direction of the Board that the Applicant shall correct deficiencies 4, 5, 6, 7, 8, 9 and 10 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)].