The above-captioned case was scheduled for hearing on October 2, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, OConnell, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner OConnell 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 September 11, 2007 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the October 2, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 2.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 5.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 7.
	8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 8.
	9.  The Board hereby grants a variance from the provisions of sections 13.3.3.1, 13.3.3.2, 13.3.3.3 and 10.2.1.1 in order to allow the Applicant to maintain the existing interior finish within this sprinklered facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 11.
	12.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 12.
	13.  The Board hereby grants a variance from the provisions of sections 13.3.3.1 and 10.2.1.1 in order to allow the Applicant to maintain the existing finish of the cited dividers in conjunction with the sprinkler system of this facility.
	14.  The Board hereby grants a variance from the provisions of sections 13.3.3 and 10.2.4.2 in order to allow the Applicant to maintain the existing expanding vinyl wall between the rooms of this facility in conjunction with the sprinkler system of this facility.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	16.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 16.
	17.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 17.
	18.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 18.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 at the direction and to the satisfaction of the  West Warwick Fire Marshal's office.
	20.  During the October 2, 2007 hearing on this matter, the Applicant requested relief from providing a second means of egress from the basement of this facility and from the Valencia Room of this facility.  The West Warwick Fire Marshal's office had no objection to the exiting from the basement provided it was limited to employees and storage only.  However, the West Warwick Fire Marshal's office did object to the second means of egress from the Valencia Room.  The Board was advised that the second means of egress goes through a kitchen.  The Board hereby grants the Applicant a variance to maintain the egress from the basement of this facility as outlined above and to modify the second means of egress from the Valencia Room to allow it to pass through the kitchen but to provide a proper emergency light and exit sign at the direction and to the satisfaction of the West Warwick Fire Marshal's office within 120 days of the date of this decision.
	21.  It is the understanding of the Board that the Applicant has corrected deficiency 21.
	22.  It is the understanding of the Board that the Applicant has corrected deficiency 22.
	23.  It is the understanding of the Board that the Applicant has corrected deficiency  23.
	24.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 24.
	25.  It is the understanding of the Board that the Applicant has corrected deficiency 25.  The Applicant is further directed to provide the West Warwick authorities with notice of this correction.
	26.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 26.
	27.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 27.
	28.  The Board hereby grants a variance from the provisions of sections 7.2.5, 7.1.6.4 and their referenced standards in order to allow the Applicant to maintain the existing ramp leading from the restaurant into the kitchen of this facility provided the ramp is not open to the public and is daily treated with an anti-slip chemical as outlined by the Applicant.  This variance is contingent upon the Applicant maintaining the non-slip surface and a handrail for this ramp, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	29.  The Board hereby grants a variance from the provisions of section 7.1.5 in order to allow the Applicant to maintain the cited headroom beneath the sprinkler riser in the basement of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the West Warwick Fire Marshal's office has no objection.
	30.  The Board hereby directs the Applicant to correct deficiency 30 by immediately removing the Styrofoam panels on the ceiling of the electrical room at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	31.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 31.
	32.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 32.
	33.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 33.
	34.  It is the understanding of the Board that the Applicant has corrected deficiency 34 at the direction and to the satisfaction of the West Warwick Fire Marshal's 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)].