The above-captioned case was originally scheduled for subcommittee hearing on October 15, 2008 at 10:30 A.M. in the New Shoreham Town Hall complex.  At that time, Acting Chairman Newbrook and Commissioners Dias, Blackburn and Walker were present.  Commissioner Filippi was present, but recused herself from consideration of these cases and the other cases heard that day.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Dias to grant the applicant the relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations made in the above captioned cases were thereupon scheduled for review by the State Fire Board on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Walker, Pearson, Dias and Richard were present.  Commissioner Filippi recused herself from consideration of these cases.  Upon review of the subcommittee recommendations, a motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to approve the subcommittee recommendations and grant the Applicants relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 6, 2008 inspection report, also identified as file 20-1035, 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 October 15, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the October 6, 2008 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.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3 at the direction and to the satisfaction of the State Fire Marshal's office.
	4.  The Board hereby grants a variance from the provisions of section 13.8.10.5.2 in order to allow the Applicant to maintain the existing cited manual fire alarm boxes located on the third floor at five feet two inches (52) in height.
	5-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 5 and 6 at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions of the treads and risers within the third floor stairway of this facility.
	8-10.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9 and 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 11 by bringing the cooking ventilation and suppression systems of this facility into compliance with NFPA Standard 96 and its referenced documents, at the direction and to the satisfaction of the State Fire Marshal's office.
	12-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 12 and 13 at the direction and to the satisfaction of the State Fire Marshal's office.
	14.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 14 by extending the fire alarm systems within this facility as outlined in item 14 of the October 6, 2008 inspection report, at the direction and to the satisfaction of the State Fire Marshal's office.
	15-16.  It is the understanding of the Board that the Applicant has corrected deficiencies 15 and 16 at the direction and to the satisfaction of the State Fire Marshal's office.
	17.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 17 by providing the gift shop and Ernies Restaurant with manual pull stations at all exit doors, at the direction and to the satisfaction of the State Fire Marshal's office.
	18-22.  It is the understanding of the Board that the Applicant has corrected deficiencies 18, 19, 20, 21 and 22 at the direction and to the satisfaction of the State Fire Marshal's office.
	23.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 and 7.1.5.2 and their referenced standards in order to allow the Applicant to maintain the existing cited seventy-nine inch (79) headroom in the dish room area of this facility.
	24.  It is the understanding of the Board that the Applicant has corrected deficiency 24.
	25.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 25 by either repairing the cited penetrations in the furnace room or by providing the furnace area with domestic sprinkler head coverage, installed at the direction and to the satisfaction of the State Fire Marshal's office.
	26-27.  It is the understanding of the Board that the Applicant has corrected deficiencies 26 and 27.
	28.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing pull station in the Finns Restaurant bar area at five feet seven inches (57) in height.
	29-33.  It is the understanding of the Board that the Applicant has corrected deficiencies 29, 30, 31, 32 and 33 at the direction and to the satisfaction of the State Fire Marshal's office.
	34.  The Board hereby grants a variance from the provisions of section 24.2.2.3 in order to allow the Applicant to maintain the existing dimensions of the cited windows for escape on the basis of structural hardship.  The Board further grants this relief pursuant to the fact that there are two (2) exits from this facility.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.