The above-captioned case was scheduled for hearing on September 29, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Jasparro, Blackburn and Dias were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  An initial motion, addressing all of the items except deficiency 8, was made by Vice Chairman Newbrook and seconded by Commissioner Dias.  This motion passed unanimously.  A second motion, addressing deficiency 8, was made by Commissioner Blackburn and seconded by Commissioner Dias.  This motion also passed unanimously.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 11, 2006 inspection report 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 September 29, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 11, 2006 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 
	1-2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to meet with the State Fire Marshal's office and submit a plan of action for the correction of deficiencies 1 and 2 by providing this facility with a local fire alarm system, and by providing the paneling of this facility with an approved flame spread rating, installed at the direction and to the satisfaction of the State Fire Marshal's office.  The Applicant shall have an additional 120 days in which to implement the above plan to satisfaction of the State Fire Marshal's office.  Finally, the State Fire Marshal's office shall be allowed to extend the above deadlines for good faith efforts shown by the Applicant.
	3.  The Board hereby grants a variance from the provisions of section 13.3.2.2 and 9.2.3 in order to allow the Applicant to maintain the cited disconnected and disabled six-burner commercial stove within this facility.  This relief is based upon the Applicants agreement not to utilize this stove until such time as it is brought into compliance.  Finally, the Board directs that the service to this stove be disconnected at the direction and to the satisfaction of the State Fire Marshal's office.  
	4-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5 and 6 at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 within the timelines established in item 1 above.
	8.  The Board hereby grants a variance from the provisions of section 7.5.1.3.1 in order to allow the Applicant to maintain the existing remoteness of the cited exit doors in the main hall of this facility.  
	9-10.  The Board hereby directs the Applicant to correct deficiencies 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office within the time frames outlined in item 1 above.

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)].