The above-captioned case was scheduled for hearing on December 4, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Filippi, Walker, Preiss, Blackburn, Richard, Jackson and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Jackson and Preiss.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 8, 2007 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 4, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 8, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to reduce the maximum occupancy of this facility to forty-nine (49) people in conjunction with the physical construction of a walled-off storage area at the direction and to the satisfaction of the Providence Fire Marshal's office, to assure that occupancy would correspond with residual floor space.  As a condition of this variance, the Board directs the Applicant to continue to fireproof the furnace of this facility and to further provide this facility with either a master box or third party UL approved central station monitoring.  The above corrections shall be completed at the direction, to the satisfaction and within a timetable established by the Providence Fire Marshal's office.
	2.  The Board hereby grants a variance from the provisions of sections 8.6.5 and 7.1.3.2.1 in order to allow the Applicant to provide separation of the cited stairs at the lower level of this facility with an approved rated door, installed at the direction and to the satisfaction of the Providence Fire Marshal's office within a timetable established by that office.
	3.  The Board hereby grants a variance from the provisions of section 13.2.5.1 and 7.5.1.3.2 in order to allow the Applicant to maintain the existing remoteness of the cited exits on the second floor of this facility in conjunction with the reduced occupancy outlined in item 1 above.  This variance is based upon structural hardship, reduced occupancy and the absence of an objection by the Providence Fire Marshal's office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly mounting the K fire extinguisher in the kitchen of this facility, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing the cited restaurant with an approved fire department key access box mounted in front of the building, at the direction and to the satisfaction of the Providence 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)].