The above-captioned case was scheduled for hearing on October 4, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Preiss 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 July 16, 2004 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the October 4, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 16, 2004 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by updating the fire alarm system in this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved fire extinguishers at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with an approved key access box, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	4.  During the October 4, 2005 hearing on this matter, the Board was advised that the Applicant had cleaned the filters of the cooking equipment and that there was no open flame.  The Board was further advised that the Applicant is not utilizing a fryolater in this facility, but only cooks with a microwave oven.  Accordingly, the Board was advised that the Applicant sought a variance to maintain the current system with regular maintenance of that system at the direction and to the satisfaction of the Woonsocket Fire Marshals office.  In light of the above facts and the additional fact that the apartment occupancy has been separated to the satisfaction of the Woonsocket Fire Marshal, the Board hereby grants a variance in order to allow the Applicant to maintain the existing hood and suppression system in this facility, as long as they are regularly maintained at the direction and to the satisfaction of the Woonsocket Fire Marshal and there are no changes of cooking patterns to generate grease laden vapors.  This variance is limited to this Applicant and the current operation only.

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)].