The above-captioned case was scheduled for hearing on March 7, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Richard, Preiss, Filippi, Newbrook and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal David Cianfolo of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richard 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 January 31, 2006 inspection report  along with a February 14, 2006 follow-up summary compiled by the State Fire Marshals Office.  The January 31, 2006 inspection report, along with the February 15, 2006 summary were utilized by the Board, the Applicant and the State Fire Marshals Office during the March 7, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 2006 inspection report and the February 14, 2006 summary 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1-10.  The Board hereby directs the Applicant to correct any outstanding deficiency listed in the January 31, 2006 inspection report under items 1, 2, 3, 4, 5, 6, 7, 8, 9 and/or 10, at the direction and to the satisfaction of the State Fire Marshal's office on or before July 1, 2006.
	11.  The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to allow the Applicant to utilize the delivery doors and stairs leading to the basement of this facility as an emergency means of egress.  It is the understanding of the Board that the basement is not a normally occupied space and that it is not open to the public.  It is the further understanding of the Board that only two or three people may be in this space at any one time and that they are familiar with the egress routes leading out of this space.
	12-18.  The Board hereby grants the Applicant a time variance in order to correct any remaining deficiencies outlined in deficiencies 12, 13, 14, 15, 16, 17 and 18, at the direction and to the satisfaction of the State Fire Marshal's office on or before July 1, 2006.
	19.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing cited headroom dimensions of the egress system.  This variance is based on structural hardship.
	20-44.  The Board hereby grants the Applicant a time variance until July 1, 2006 to address any remaining deficiencies as outlined in items 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44.  The above corrections shall be at the direction and to the satisfaction of the State Fire Marshal's office.
	45.  Note:  The Board notes that the Applicant shall bring the place of assembly known as Olives into compliance, as outlined above, on or before July 1, 2006, with full sprinkler and fire alarm coverage.  The Board further notes that a second restaurant is proposed for this facility.  The Board hereby directs that the second restaurant shall be brought into full compliance prior to re-occupancy of that restaurant.  Specifically, the restaurant shall not be re-occupied until it is in full compliance with the fire code.  Accordingly, the July 1, 2006 time extension for the remainder of this facility shall not apply to the new restaurant.  Finally, the Applicant and the State Fire Marshal's office may return to the Board within the next six (6) months to discuss any additional time frames deemed necessary by the parties.

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)].