The above-captioned case was scheduled for hearing on December 4, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Filippi, Walker, Preiss, Blackburn, Richard, Jackson and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Octavio Vieira of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Jasparro and Jackson 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 November 19, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the December 4, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 19, 2007 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the December 4, 2007 hearing on this matter, the Board was advised by the Applicant that the second and third levels of this facility were vacant, had no power and would not be occupied until they were brought into compliance with the code.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to correct deficiency 1 by providing approved egress to the second and third floors of this facility prior to the re-occupancy of these areas.
	2.  During the December 4, 2007 hearing on this matter, the Board was advised that the dining area and bar wall are covered with  board on the walls and have ceilings consisting of sheetrock.  The Board hereby grants a variance from the provisions of section 13.3.3 in order to allow the Applicant to maintain the existing  hardwood tongue and groove boards on the walls of this facility.
	3.  As outlined in item 1 above, the Board hereby directs the Applicant to provide approved windows for escape from the upper levels of this facility prior to the re-occupancy of the second and third levels of this facility.
	4.  The Board hereby grants a variance from the provisions of sections 13.8.10.4.1.6 and 13.8.9.5.4.1 in order to allow the Applicant to protect the second and third floors of this facility by extending a single smoke detector from the alarm system to level two of this facility and by extending a single smoke detector from the existing alarm system to level three of this facility during the period that the upper levels of this facility are to remain unoccupied.  The Board hereby directs the Applicant to extend the entire fire alarm system along with smoke and carbon monoxide detection throughout the second and third levels of this facility prior to the re-occupancy of the second and third levels of the facility.  The above single smoke detectors on the second and third levels of this facility, while these levels are unoccupied, shall be installed at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency  5 by providing the fire alarm system with quarterly inspection stickers.

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)].