The above-captioned case was scheduled for hearing on November 5, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Chief Robert Martin and Assistant Deputy State Fire Marshal Frank Sousa of the Bristol Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Booth and Jackson to approve the use of the cited smoker in accordance with the plan of action developed by the State Fire Marshals Office in conjunction with the Applicant and the Bristol Fire Marshals Office.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	During the November 5, 2013 hearing on this matter, the Board had before it an October 1, 2013 building description of the subject complex at 549 Metacom Avenue in Bristol.  The Board finds that the subject facility is an existing place of assembly which appears to be in compliance with the code.  The Board further finds that there is a secondary structure located on the property and that this structure is of Type II (000) construction.  The Board finds that as of the October 1, 2013 report, the structure is located on the east side of the kitchen addition and was approximately six (6) feet from the main structure.  The Board finds that the structure is approximately four (4) feet from the main gas meter and that the structure measured approximately twenty (20) feet by eighteen (18) feet with open ends at the north and south sides.  The Board finds that the structure houses a smoker that was designed and built by the owner of the facility.
	The Board notes that this facility had previously been before it on October 8, 2013 and that the Board directed the Applicant, the State Fire Marshal and the Bristol Fire Marshals Office to review this structure and homemade smoker and develop a plan of action to address the issues presented.  The Board finds that the parties developed and implemented a plan of action and have returned to the Board to present it.  Specifically, the Board finds that the State Fire Marshals Office has examined the smoker and that the parties have agreed to move the smoker to a new location approximately twenty (20) feet from the building and to position the structure away from the adjoining property line, away from the cited gas main and in a position that does not block egress.  The Board notes that the plan of action was developed by the State Fire Marshals Office and approved by the Bristol Fire Marshal.  Finally, the Board notes that there are no specific standards in NFPA 96 for this type of structure, and that only the solid fuel cooking provisions would potentially apply.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a variance from the provisions of section 50.6 and its referenced standards in order to allow the Applicant to maintain the existing homemade smoker in its current location, which has been previously been approved by the Bristol Fire Marshals Office and the State Fire Marshals Office.  The Board notes that the fire service has no objection to the granting of this relief.

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)].