The above-captioned case was scheduled for hearing on December 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Jasparro, Preiss, Blackburn, Pearson, Filippi and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook 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 a February 7, 2007 inspection report compiled by the Cumberland Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the December 1, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the February 7, 2007 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 
	1-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of section 13.8.10.5.13 in order to allow the Applicant to utilize a heat detector in lieu of a smoke detector in protecting the fire alarm panel which is located in the kitchen of this facility.  In granting this relief, it is the understanding of the Board that the Cumberland Hill Fire Marshal has no objection.
	10-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 10 and 11.
	12.  The Board hereby grants a variance from the provisions of section 14.10.2.1 in order to allow the Applicant to maintain the existing exit through the kitchen area of this extremely small facility with limited occupancy.  Specifically, the customer area of the restaurant is approximately 648 square feet.  Accordingly, the Board shall allow the Applicant to maintain an emergency exit route through the kitchen area of this facility.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13.
	14.  The Board hereby grants a variance from the provisions of section 7.3.1.2 in order to allow the Fire Marshal to post a maximum occupancy of 49 people for the restaurant portion of this facility.  
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's 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)].