The above-captioned case was scheduled for hearing on November 14, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Filippi and Blackburn were present.  The fire service was represented by Deputy State Fire Marshals Cynthia Dehler and Arthur DaCosta of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Carlo Jackvone of the Johnston Fire Marshal's Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein as long as the restaurant was owned and operated by the Applicant and his family members in the manner described herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 30, 2006 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and Johnston Fire Marshals Offices during the November 14, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the March 30, 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.  During the November 14, 2006 hearing on this matter, the Board was advised that the Applicant was seeking relief from the occupancy calculated by the State Fire Marshal's office for this facility.  The State Fire Marshal calculated the total occupancy of this facility with tables and chairs at three hundred six (306) people.  However, as part of this calculation, the Marshal's office included a dance floor with a calculated occupancy load of ninety-three (93) people at more concentrated use.  Because the people on the dance floor are more than likely drawn from the remaining assembly space, the Applicant has requested that the Board allow a re-calculation of the total occupancy of fifteen square feet per person.  After reviewing this matter with both the Applicant and the fire service, the Board has determined that the applicant should be granted two (2) options in the re-calculation of his occupancy.
	The first option would be to allow the Applicant to have this facility re-calculated at fifteen square feet per person, the standard for less concentrated use with tables and chairs, for a total occupancy of two hundred fifty-one (251) people.  The second option would be to allow the Applicant to maintain the original calculated occupancy of this facility at three hundred six (306) people, but to reduce that occupancy by seven (7) people, through the reduction of approximately one hundred five (105) square feet of floor space.  The Applicant could eliminate the above floor space from the calculated occupancy by simply establishing a closet or storage room, at the direction and to the satisfaction of the State and Johnston Fire Marshal's office.
	In light of the above, the Board directs the Applicant and the State and Johnston Fire Marshal's office to agree to a final re-calculation of this facility in accordance with one of the above plans of action for the facility.  The Board notes that the parties have agreed that the subject facility would be classified as an organized dining facility as opposed to a nightclub.  Accordingly, the re-calculation of the occupancy of this facility at less than three hundred (300) people, in accordance with one of the above plans of action, would exempt the Applicant from providing sprinkler coverage throughout this facility.  The Board further notes that, on occasion, the Applicant utilizes this facility for events that do not require tables and chairs.  In the event the Applicant wishes to remove the tables and chairs from this facility and maintain a standing room event of up to three hundred (300) people, the Applicant is first directed to develop a plan of action with the Johnston Fire Marshal's office and to fully implement that plan of action for the special event before the event takes place.  
Finally, the Board notes that the above variances have been granted pursuant to the representations of the Applicant that the building shall be maintained as family owned and managed in accordance with the above plan of action.  Accordingly, the variances granted are contingent upon the continued family ownership and operation of this facility.  In the event the business is sold in the future, the new owner or prospective buyer should return to the Board with a new plan of action for the operation of this facility.
2.  In light of the re-calculation of occupancy options as outlined above, the Board notes that this facility shall now only be required to maintain a local fire alarm system.  Accordingly, 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 and within a timetable established by the State Fire Marshal's office.
3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the cited paneling with an approved flame spread rating, installed at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.
4.  During the November 14, 2006 hearing on this matter, the Board was advised that the Applicant was planning to remove the cited furnaces and place them outside of the facility.  Accordingly, the Board hereby directs the Applicant to remove the cited furnaces and to re-install them at the direction and to the satisfaction of the State Fire Marshal's office, or to provide the furnaces with approved domestically supplied sprinkler heads, at the direction and to the satisfaction of the State Fire Marshal's office.  The above corrections shall be made within a timetable established by the State Fire Marshal's office.
5.  The Board hereby directs the Applicant to correct deficiency 5 by providing an approved exit sign over the second exit of this facility, at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.  
6.  The Board hereby directs the Applicant to correct deficiency 6 by providing approved fire extinguishers throughout this facility and having those extinguishers properly inspected and certified at the direction and to the satisfaction of the State Fire Marshal's office and within a timetable established by that office.
7.  The Board hereby directs the Applicant to correct deficiency 7 by properly mounting the fire extinguisher located in the dining area of Rosa Mia, at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.
8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the exit/entrance of the assembly portion of Silvios with an approved, properly functioning emergency light, installed at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.
9.  The Board hereby directs the Applicant to correct deficiency 9 by properly segregating the second exit for the assembly area of Silvios from the storage area of this facility, at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing remoteness of the two (2) exits servicing the assembly area of Silvios.  In granting this variance, the Board notes that the exits are approximately two feet short of the required remoteness and correction of this deficiency would impose a structural hardship upon the Applicant.
10.  The Board hereby directs the Applicant to correct deficiency 10 by providing an approved fire rated door equipped with panic hardware and self-closing devices in the exit door jamb leading from the dance floor of the assembly area to the exit.  The above approved door with panic hardware and self-closing device shall be installed at the direction and to the satisfaction and within a timetable established by the State Fire Marshal's office.
11.  In light of the parties agreement that this facility shall be classified as an organized dining facility, the Board has determined that deficiency 11 is moot and that the Silvios side of the facility does not require floor proximate exit signage.
12.  As noted above, the variances granted herein are conditioned upon the continued family ownership and operation of the subject facility.  In the event the facility is to be transferred outside of the current family ownership and management, the Board directs that the buyer and/or new owner develop a plan of action with the State and Johnston Fire Marshal's office for the safe operation of this facility prior to re-occupancy.  The Board has instituted this safeguard to assure that the facilitys status is maintained as an organized dining facility as opposed to a nightclub.  In the event that the status is upgraded to a nightclub in the future, the Board directs that the facility shall be brought into full compliance with the nightclub provisions prior to re-occupancy.

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)].