The above-captioned case was scheduled for hearing on October 31, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Evans, Richard, Pearson, Coutu, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook 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 a November 24, 1999 inspection report complied by the Providence Fire Marshal’s Office.  The above inspection report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the October 31, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the November 24, 1999 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. Is the understanding of the Board that the Applicant has corrected deficiency one by providing the cited gas-fired boiler with an approved remote shutoff switch.

2. The Board hereby grants a variance of the provisions of section 23-28.9-9 in order  to allow the Applicant to maintain the existing masonry, charcoal-fired, grill and chimney unit, in accordance with the following conditions.  The Board directs the Applicant to continue his practice of cleaning the chimney each month and maintaining two fire extinguishers within close proximity of the chimney.  The Board further directs the Applicant to close the metal doors of this unit when it is unattended.  Finally, the Board directs the Applicant to maintain an auxiliary emergency water hose-line at the direction of the Providence Fire Marshal's office.

3. The Board hereby grants a variance, from the provisions of section 23-28.6-7(d), in order to allow the Applicant to maintain the existing egress to the cited exterior deck of this facility.  This variance is granted the basis of structural hardship.

4. The Board hereby grants a variance, from the provisions of section 23-28.6-7(g), in order to Applicant to maintain the means of the egress, located at the northeast corner of the building, as modified herein.  In granting this variance, the Board directs the Applicant designate and delineate the cited egress route with paint, and to further maintain the area clear of all obstructions, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

5. The Board hereby grants a variance, from the provisions of section 23-28.6-9(a), in order to allow the Applicant to maintain the existing swing of the cited doors, and not to equip these doors with panic hardware.  As a condition of this variance, the Board directs the Applicant to maintain these doors in the open position whenever the deck is occupied or otherwise in use.

6. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee, in accordance with the provisions of section 23-28.25-4(a).

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 Applicant’s 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 Board’s 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 Board’s 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)].