The above-captioned case was scheduled for hearing on October 29, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Thornton, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office.  A motion was made by Vice Chairperson Filippi and seconded by Commissioners Jackson and Booth 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 August 16, 2013 inspection report (13-1187-IS) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 29, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the August 16, 2013 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 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.  (13-792-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing approved exit signage throughout this facility.
	2.  (13-793-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing an approved fire alarm device within the kitchen of this facility.
	3.  (13-794-VN).  During the October 29, 2013 hearing on this matter, the Applicant provided the Board with a comprehensive plan of action for the correction of deficiency 3.  The Board further was advised that the Applicant had certain structural hardships within the constraints of the existing building.  Accordingly, the Board hereby grants the Applicant a dimensional variance in order to modify the treads and risers of the newly designed staircase in accordance with his plan of action and to further install the staircase with any additional dimensional relief deemed necessary by the State Fire Marshals Office.  The Board further grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 3 and an additional 150 days in order to implement that plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that the plan of action may include any dimensional or other relief relating to the stairway deemed necessary by the State Fire Marshals Office in this case.  Finally, the Board notes that the State Fire Marshals Office may extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	4.  (13-791-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing separation between the upper and lower levels of this facility, with any additional safeguards deemed necessary by the State Fire Marshals Office.  The above variance is granted on the basis of structural hardship in light of the limited occupancy of the upper level of this facility.  Finally, the Board hereby grants the Applicant the time variance outlined in item 3 above in order to make any further corrections deemed necessary by the State Fire Marshal 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)].