The above-captioned case was scheduled for hearing on May 22, 2012 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Dias and Sylvester to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 10, 2009 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the May 22, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the November 10, 2009 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 May 22, 2012 hearing on this matter, the Board was advised by the Applicant that he had removed the fry-o-lator from this facility and that there is currently a six-burner stove with grill that has been dormant since 2007.  The Board was further advised that the stove is intact but disconnected.  Accordingly, the Board hereby grants the Applicant a variance in order to allow the Applicant to maintain the stove disconnected until such time as the stove is protected by an approved hood and suppression system.  The Board further notes that any proposed reheating of food within this facility shall be at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
	2.  See item 1 above.
	3.  The Board hereby grants the Applicant a time variance in order to correct deficiency 3 by providing the cited paneling with an approved Class A finish within thirty (30) days of the date of this decision, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.  The Board further grants the North Smithfield Fire Marshals Office the ability to extend the above timeline for good faith efforts being shown by the Applicant.
	4-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5 and 6 at the direction and to the satisfaction of the North Smithfield 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)].