The above-captioned case was scheduled for hearing on July 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this is a three-story building with masonry exterior of type 3B construction.  The Board further finds that there are multiple occupancies of business and mercantile throughout the building.  The Board further finds that the occupancy at issue is the conversion of an existing restaurant unit to a new restaurant.  The Board further finds that there is a thirty-six inch (36”) egress door servicing the main part of this facility and that there is another egress from the kitchen leading directly to the rear of the building.  The Board further finds that the restaurant will be supplied with fixed seating for forty three (43) and that the hood, duct and suppression system shall be replaced with NFPA 96 compliant systems. 
	
The Board further finds that the entire building is fully sprinklered and that the alarm shall be updated in the restaurant area as required.  Finally, it is the understanding of the Board that the Providence Fire Marshal’s office has no objection to the requested relief to allow this facility to maintain one means of egress.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to utilize one approved means of egress along with an emergency means of egress through the kitchen of this facility.  In granting this variance based upon structural hardship and the limited use and occupancy of the building, the Board notes that the Providence Fire Marshal’s office has no objection.  As a condition of this variance, the Board directs the Applicant to maintain the kitchen egress route along with the area of refuge from the kitchen, free of all obstruction, at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The Board further directs the Applicant to place a sign over the kitchen egress route indicating emergency exit only.  The above signage shall be at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Finally, as a condition of the variances granted herein, all other fire code deficiencies shall be corrected by the Applicant prior to occupancy of 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 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)].