The above-captioned case was scheduled for hearing on May 23, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Burlingame, Preiss, Blackburn and Richard were present.  The Providence Fire Marshal's office did not send a representative to this meeting.  A motion was made by Commissioner Blackburn and seconded by Commissioner Burlingame 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 December 15, 2005 plan review 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 May 23, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 15, 2005 plan review 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.  It is the understanding of the Board that deficiency 1 is informational in nature.
	2-6.  It is the understanding of the Board that the Applicant shall correct deficiencies 2, 3, 4, 5, and 6 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	7.  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 twelve-foot remoteness of the exits on the first floor of this facility.  The Board notes that this is approximately two (2) feet short of the minimum requirement.  This variance is based on structural hardship and the Applicants providing this facility with both a municipally connected fire alarm system and full sprinkler coverage.
	8-9.  It is the understanding of the Board that the Applicant shall correct deficiencies 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10-11.  The Board hereby grants a variance from the provisions of NFPA Standard 96 Section 7.8.2.1 in order to allow the Applicant to maintain the existing dimensions and positioning of the ventilation system covering the cooking systems within this facility.
	12-13.  It is the understanding of the Board that the Applicant shall correct deficiencies 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	14.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain the cited stair dimensions within 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 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)].
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