The above-captioned case was originally scheduled for hearing on April 3, 2012 at 1:00 P.M.  At that time, this case was tabled in order to allow the Applicant to provide the Providence Fire Marshals Office with a further opportunity to investigate this case and determine whether to approve the proposed system outright or to return to the Board with specific recommendations.  The case was rescheduled 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 Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the Applicant has proposed the installation of a Hibachi Grill Model TGU08 in a restaurant located at 198 Atwells Avenue in Providence.  The Board further finds that the Applicant has proposed to retrofit a surface suppression system which would be acceptable under the 2004 edition of NFPA 96.  The Board further finds that the Applicant shall maintain a heat detector over the table and a duct heat detector under the table.  The Board further finds that the Applicant shall provide this unit with a remote manual pull station and that the Providence Fire Marshals Office has withdrawn its original objection to this unit in light of the above.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Providence Fire Marshals Office to review the proposed unit and suppression system under the provisions of the 2004 edition of NFPA 96 and to approve the suppression system as presented.  As a condition of this relief, the Board directs the Applicant to provide this unit with an approved remote manual pull station installed at the direction and to the satisfaction of the Providence Fire Marshals Office and to provide the proposed heat detection both over the table and in the duct under the table.  In light of the above, it is the understanding of the Board that the Providence Fire Marshals Office has no objection to 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)].