The above-captioned case was scheduled for hearing on February 5, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Lutz, Richard Vespia and Michael Krasnowiecki of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Vice Chairperson Filippi and Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 17, 2012 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 5, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the December 17, 2012 plan review report as its initial findings of fact.  The Board further had before it a February 1, 2013 report compiled by Hughes Associates, the Applicants fire protection engineers.  The Applicants engineers report addressed deficiency 9 as listed on the December 17, 2012 plan review report.  The February 1, 2013 engineering report was also reviewed by the parties during the February 5, 2013 hearing and is therefore also incorporated into the Boards 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-8.  During the February 5, 2013 hearing on this matter, the Board was advised that the Applicant would correct deficiencies 1, 2, 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the opening of the Pine Street Ale House and Ale House Cigar Bar.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to develop and implement a plan of action for the correction of deficiency 9, at the direction and to the satisfaction of the Providence Fire Marshals Office.  
Specifically, assuming the Applicant corrects the remaining deficiencies outlined on the December 17, 2012 plan review report, the Applicant shall be authorized to open the Pine Street Ale House and the Ale House Cigar Bar while the Applicant is developing and implementing a plan of action for the correction of deficiency 9, which relates to the northeast corner of this facility, containing a non-compliant wall-mounted commercial cooking exhaust termination.  The Board notes that the exhaust termination has been in this facility for approximately forty (40) years and that allowing the Applicant time to correct this deficiency while opening this facility is reasonable.  
As a condition of the above time variance, the Board directs the Applicant to increase the inspection of the hood and ventilation system to monthly inspections until such time as deficiency 9 is fully corrected.  The Board further directs the Applicant to work with his engineer and the Providence Fire Marshals Office to develop a plan of action for the correction of deficiency 9 which will be acceptable to all parties.  The Board further directs the parties to return for a follow-up hearing on April 9, 2013 in the event they are unable to reach a consensus on addressing this issue or if they need a variance to implement their plan of action.  
In the event the Applicant brings this facility into compliance with the code, it will not be necessary for the Applicant and the Providence Fire Marshals Office to return.  Finally, the Board notes that the Providence Fire Marshals Office shall have the right to extend the 120 day deadline for good faith efforts being shown by the applicant.
	10.  The Board hereby directs the Applicant to correct deficiency 10 at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the opening of the Pine Street Ale House and Ale House Cigar Bar.

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)].