The above-captioned case was scheduled for hearing on December 6, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Christine Kent of the State Fire Marshals office and Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingston Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the abstention vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 1, 2005 inspection report compiled by the State Fire Marshals Office in conjunction with the North Kingston Fire Marshals office.  The above report was utilized by the Board, the Applicant and the State and North Kingston Fire Marshals during the December 6, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the November 1, 2005 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 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.  The Board hereby directs the Applicant to correct deficiency 1 by providing the North Kingston and State Fire Marshals office with plans for the upgrading of the existing local fire alarm system to a municipally connected fire alarm system, on or before January 1, 2006.  The Board further grants the Applicant a time variance to upgrade the above system to a municipal system on or before March 1, 2006. 
	2.  The Board hereby directs the Applicant to correct deficiency 2 as part of the fire alarm upgrade of this facility in accordance with the timelines outlined in item 1 above.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by either providing the approved heat detection above the suspended ceiling tiles or removing the ceiling tiles, at the direction and to the satisfaction of the State and North Kingston Fire Marshals office within the above time frames.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved smoke detection in the vicinity of the fire alarm control panel located in the storage room located off the kitchen area, on or before March 1, 2006, at the direction and to the satisfaction of the State and North Kingston Fire Marshal's office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved floor proximate exit signage at the direction and to the satisfaction of the State and North Kingston Fire Marshals office on or before March 1, 2006.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with an approved emergency power circuit to disconnect the entertainment systems (live or recorded) and to activate all emergency and other appropriate lighting upon actuation of the fire alarm system.  The Board hereby grants the Applicant the additional time until March 1, 2006 to make this correction.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with an approved automatic sprinkler system within the statutory deadline of July 1, 2006.  
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the commercial cooking equipment within the kitchen with an approved suppression system extending over the six-burner gas-fired stove.  The Applicant shall have until July 1, 2006 to provide the above suppression.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by properly installing and maintaining the cited hardwired heat detector at the direction and to the satisfaction of the State and North Kingston Fire Marshals office, on or before March 1, 2006.  
	10-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11, 12, 13 and 14, at the direction and to the satisfaction of the State and North Kingston Fire Marshals office.
	15.  In the event the Applicant is in substantial compliance with the upgrading of the fire alarm system of this facility by March 1, 2006, the Board hereby authorizes the State and North Kingston Fire Marshals office to provide the Applicant with a reasonable extension of time to complete any reasonable minor modifications to the fire alarm system.

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)].