The above-captioned case was scheduled for hearing on April 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Coutu, Burlingame, Filippi, O’Connell and Pearson were present.  Prior to the hearing, a subcommittee of the Board toured the facility with Assistant Deputy State Fire Marshal Wade Palazini of the Manville Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a March 10, 2004 inspection report compiled by the Manville Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Manville Fire Marshal’s Office during the hearing on this matter.  Accordingly, the Board hereby incorporates the March 10, 2004 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 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. During the April 27, 2004 hearing on this matter, the Board was advised and finds that the Applicant has sought a variance from the provisions of NFPA 96 due to the limited use of the cooking equipment within this facility.  Specifically, the Applicant utilizes an electric grill only once during its May Breakfast.  The Applicant further utilizes fry-o-lators only during a week long carnival event.  During these one time annual events, the Board notes that the kitchen is closed to the public and separated from all other portions of the building.  The Board further notes that the two (2) gas fed fry-o-lators currently inside the building will be moved to the outside of the building and the fuel lines would be secured and protected.  Four (4) internal fry-o-layors and grill will remain inside and prior to any annual event the ducts will be cleaned, approved extinguishers will be provided and during the week long event, three (3) firefighters with apparatus shall be on duty and present during the entire time period.  Specifically, the firefighters shall arrive thirty (30) minutes prior to the activation of the cooking equipment and leave sixty (60) minutes after the shut down of the event and the cooking equipment.  In light of the above, the Board hereby grants variance from the provisions of NFPA 96 in order to allow the Applicant to maintain the above one time annual events on a year to year basis in accordance with the above conditions at the direction and to the satisfaction of the Manville 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 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)].