The above-captioned case was scheduled for hearing on September 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Pearson, O’Connell, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Mackay of the Westerly Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 an inspection report summary compiled by the Westerly Fire Marshal’s Office and covering this facility.  The above fire inspection summary was utilized by the Board, the Applicant and the Westerly Fire Marshal’s Office during the September 21, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the inspection report summary 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 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board directs the Applicant to correct deficiency #1 by providing this facility with an approved fire alarm system upgrade within 120 days of the date of this decision.  
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Westerly Fire Marshal’s office within fifteen (15) days of the date of this decision.
	
3.  The Board hereby directs the Applicant to either correct deficiency #3 by providing the cooking equipment with an approved hood and suppression system installed at the direction and to the satisfaction of the Westerly Fire Marshal’s office or to eliminate cooking in this facility and to remove all cooking equipment at the direction and to the satisfaction of the Westerly Fire Marshal.  In any event, the Applicant shall have a period of 120 days from the date of this decision to choose and implement one of the above courses of action.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing the back room of this facility with approved emergency lighting installed at the direction and to the satisfaction of the Westerly Fire Marshal within 120 days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing the second floor corridor of this facility with approved emergency lighting at the direction and to the satisfaction of the Westerly Fire Marshal within 120 days of the date of this decision.
	
6.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the front stairs from the first to the second floor of this facility.  In granting this variance to allow the stairs to maintain their existing width and winding nature, the Board directs the Applicant to provide all of the combustible stairway walls within this facility with an approved Class A finish installed at the direction and to the satisfaction of the Westerly Fire Marshal’s office within 120 days of the date of this decision.
	
7.  See item #6 above.  The Applicant is hereby directed to correct deficiency #7 by providing the cited walls with an approved Class A finish as outlined in item #6 above.
	
8.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the second floor corridor which is limited in one area by a protruding chimney.
	
9.  In granting the above relief, it is the understanding and direction of the Board that the third floor of this facility shall be sealed off and locked and not be occupied.  The third floor shall be, however, equipped with approved fire alarm detection.  Finally, the Applicant is directed to sprinkler the egress system of this facility at the direction and to the satisfaction of the Westerly Fire Marshal’s office within 120 days of the date of this decision.

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)].