The above-captioned case was scheduled for hearing on September 20, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Filippi, OConnell and Richards were present.  The fire service was represented by Assistant Deputy State Fire Marshals Craig Committo and Thomas Mello of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook 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 December 14, 2004 inspection report compiled by the Tiverton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the September 20, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the December 14, 2004 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.  The Board hereby directs the Applicant to correct deficiency 1 by upgrading the fire alarm system within this facility at the direction and to the satisfaction of the Tiverton Fire Marshals office.  Specifically, the Board directs the Applicant to provide the Tiverton Fire Marshals office with an agreement or contract outlining the total upgrade to the fire alarm system within thirty (30) days of the date of this decision.  The Board hereby grants the Applicant an additional 120 days, after the initial thirty day period, in which to complete this project.  Accordingly, the Board directs that the Applicant shall make all necessary improvements to the fire alarm system within 150 days of the date of this decision.  
	2. It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the required key access box within this facility.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by bringing the electrical wiring within this facility into compliance with the electrical code, at the direction and to the satisfaction of the Tiverton Fire Marshal or designee within 120 days of the date of this decision.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by properly protecting the propane tanks.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the cited combustibles in the basement and under the kitchen egress.
	6.  The Board hereby directs the Applicant to correct deficiency 6 at the direction and to the satisfaction of the Tiverton Fire Marshals office in conjunction with the Tiverton Building Officials office.  Specifically, if the Applicant is not able to provide the minimum ten (10) feet between the dumpster and the remainder of the building, the Applicant is directed to provide the Tiverton Fire Marshal and Tiverton Building Official with an alternative plan of action for the safety of this building.  The above plan of action may include a barrier around the propane tanks and any other safeguards deemed necessary by the Tiverton Fire Marshals office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by either tagging or removing the cited inactive wiring in the basement of this facility.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by removing the cited slide bolts on the exit doors of this facility.
	9.  It is the understanding of the Board that deficiency 9 is moot because the Applicant has removed the cited cigarette machine.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 with regard to the wiring over the drop ceiling in the bar area.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing approved emergency lighting in the bar, dining and kitchen areas within 120 days of the date of this decision.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by removing the cited extension cords over the drop ceiling in the bar area.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the excess wiring in the path of travel in the kitchen.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by properly mounting the cited portable fire extinguisher.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by properly inspecting the extinguishing and hood system over the food preparation area.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by properly cleaning the cited hood system.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 by providing the proper separation between the deep fat fryer and other flame producing equipment.
	18.  The Board hereby directs the Applicant to correct deficiency 18 by providing the facility with approved exit signage as part of the fire alarm package within the above timetable as outlined in item 1.
	19.  The Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing construction between the cited residential and commercial areas.  In granting this variance, the Board directs the Applicant to provide an approved second emergency means of egress from the residential unit and to further provide alarm coverage within the unit.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20 by repositioning the tables in order to establish at least a forty four (44) inch aisle width through this facility.
	21.  It is the understanding of the Board that the Applicant has corrected deficiency 21 by removing the cited combustibles in the rear office area.
	22.  It is the understanding of the Board that the Applicant has corrected deficiency 22 by removing the cited extension cords.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency 23 by removing the cited open wiring.
	24.  The Board hereby directs the Applicant to correct deficiency 24 by providing its employees with approved training at the direction and to the satisfaction of the Tiverton Fire Marshals office within 120 days of the date of this decision.
	25.  The Board hereby directs the Applicant to correct deficiency 25 by providing this facility with approved egress inspections at the direction and to the satisfaction of the Tiverton Fire Marshals office.
	26.  The Board hereby directs the Applicant to correct deficiency 26 by providing this facility with approved admission supervision, at the direction and to the satisfaction of the Tiverton Fire Marshals 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 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)].