The above-captioned case was scheduled for hearing on July 20, 2004 at 1:25 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Theodore Hopkins of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Pearson 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 June 2, 2004 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the July 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the June 2, 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. The Board finds item #1 to be informational in nature.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by either providing the East Providence Fire Marshal’s Office with certification that the above surfaces have the appropriate flame spread rating or by providing the above surfaces with an approved class “A” finish installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision to provide the East Providence Fire Marshal’s Office with the appropriate certification of the surfaces or, in the alternative, the Board grants the Applicant a time variance of 120 days in order to provide the cited surfaces with an approved class “A” finish at the direction and to the satisfaction of East Providence Fire Marshal’s Office.
	
3. It is the understanding of the Board that the Applicant has corrected the majority of the deficiencies outlined in deficiency #3 at the direction and to the satisfaction of the East Providence Fire Marshal.  In the event additional exit signage needs maintenance, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to fully correct this deficiency.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by removing the cited hold open devices.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by removing all of the cited storage.
	
6. It is the understanding of the Board that the Applicant has corrected the majority of deficiency #6 with regards to the emergency lighting in this facility.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to repair any remaining emergency lighting within this facility at the direction and to the satisfaction of East Providence Fire Marshal’s Office.
	
7. It is the understanding of the Board that the Applicant has corrected deficiency #7.  The Board directs the Applicant to immediately provide the East Providence Fire Marshal’s Office with documentation demonstrating that the above hood exhaust system is in compliance with NFPA 96 and the other applicable standards.
	
8. During the July 20, 2004 hearing on this matter, the Board was advised that this facility has a municipally connected fire alarm system.  The Board further directed the Applicant and the East Providence Fire Marshal’s Office to develop a plan for the protection of the vertical opening within this facility.  The Board hereby grants the Applicant a period of sixty (60) days from the date of this decision in order to fully develop the above plan.  As part of the plan, the Applicant may incorporate magnetic hold open devices on the door servicing the cited stairways in order to provide approved closures in emergency but maintain approved flow during all other periods of time.  In any event, the Board shall maintain this file open if the East Providence Fire Marshal and the Applicant are unable to develop a plan or if they need further variances to implement the plan.
	
9. The Board hereby directs the Applicant to correct deficiency #9 by providing this facility with an approved fire department access key box within120 days from the date of this decision.
	
10. It is the understanding of the Board that the Applicant has corrected deficiency #10.
	
11. It is the understanding of the Board that the Applicant has corrected deficiency #11.
	
12. The Board hereby directs the Applicant to correct deficiency #12 by providing the coat storage with a new location away from the means of egress at the direction and to the satisfaction and within a timetable established by the East Providence Fire Marshal’s Office.	
	
13. The Board notes that this facility requires an approved sprinkler system on or before July 1, 2005.
	
14. The Board hereby directs the Applicant to correct deficiency #14 within fifteen (15) days from the date of this decision, at the direction and to the satisfaction of East Providence Marshal’s Office.
	
15. The Board hereby grants a variance from the provisions of section of 13.2 in order to allow the Applicant to maintain the existing remoteness of the cited second floor dining room exits.  This variance is based upon the Applicant’s agreement to provide this facility with an approved sprinkler system on or before July 1, 2005.

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)].