The above-captioned case was scheduled for hearing on November 23, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Dias and Pearson were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Oscar Elmasian of the East 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 was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 16, 2010 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the November 23, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the August 16, 2010 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 
	1-9.  During the November 23, 2010 hearing on this matter, the Board was advised that the Applicant had developed a plan of action with the East Providence Fire Marshals Office that would provide for full upgraded fire alarm coverage throughout this facility along with a limited sprinkler system covering the bottom level of this facility and the full entrances on the second and first floor, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board hereby grants the Applicant a time variance of 150 days from the date that the parties arrange to have the street opened and the water main extended to this facility in which to complete this work.  Specifically, once the Applicant has an approved water supply from the street to this facility, he shall have an additional 150 days to upgrade the fire alarm system as outlined in items 1-9 of the August 16, 2010 report along with the installation of the above referenced partial sprinkler system.  The East Providence Fire Marshals Office has the authority to extend the above time line for good faith efforts being shown by the Applicant.  Further, the Board understands that this facility has been approved for new occupancy as a result of this plan of action.  Finally, the Board envisions this plan being concluded during the 2011 calendar year.
	10.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the existing cited egress width from the lower kitchen level of this facility on the basis of structural hardship in light of the additional fire protection outlined in items 1-9 above.
	11.  The Board hereby grants a variance from the provisions of sections 11.7 and 13.1.6 in order to allow the Applicant to protect this facility with a full fire alarm system and limited automatic sprinkler system as outlined in items 1-9 above.
	12.  The Board hereby grants a variance from the provisions of section 7.1.3.2 in order to allow the Applicant to maintain the existing lower kitchen wall that abuts the egress hallway.  In granting this variance, it is the understanding of the Board that the East Providence Fire Marshals Office has no objection in light of the block wall in this area.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	16.  The Board hereby directs the Applicant to correct deficiency 16 within the time period outlined in items 1-9 above.
	17-19.  It is the understanding of the Board that the Applicant has corrected deficiencies 17, 18 and 19 at the direction and to the satisfaction of the East Providence 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)].