The above-captioned case was scheduled for hearing on September 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner Richards to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the September 13, 2005 hearing on this matter, the Board was advised that the Applicant sought a time variance in order to correct the fifteen (15) deficiencies cited by the Providence Fire Marshals office on a report covering this facility.  The Board hereby incorporates the fifteen (15) item report as its initial findings of fact in this case.
	The Board further finds that this is an existing single story building built over a full basement in approximately 1930.  The Board further finds that the exterior walls are masonry with a flat, wood frame, tar roof.  The Board further finds that the front door opens into a small waiting area with a bar.  The Board further finds that a separation wall divides this area from the dining room which has its own independent egress.  
	The Board further finds that the kitchen has an entrance/egress going directly into the dining room and another going towards the bar area.  The Board further finds that the rear of this facility has an exit to the outside and the only entrance/egress to the basement of the facility.  The Board further finds that the basement is utilized for utilities, storage and prep work and there is also an office and a changing room.  Finally, the Board finds that this facility is currently equipped with a local fire alarm system.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of 180 days from the date of this decision to bring this facility into full compliance with the following schedule.  The Applicant shall submit plans to the Providence Fire Marshal's office within thirty (30) days of the date of this decision.  The Providence Fire Marshals office shall then review the plans within an additional thirty (30) days of the date of this decision.  The Applicant shall then have the remaining 120 days to finish all work at the direction and to the satisfaction of the Providence 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)].