The above-captioned case was scheduled for hearing on October 18, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Blackburn, Newbrook, Evans, Burlingame and OConnell 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 Newbrook and seconded by Commissioner Richard 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 21, 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 18, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 21, 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 providing this facility with an approved local fire alarm system and that the Applicant is further properly testing the system at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with proper exit signage, 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.  The Board hereby grants a variance from the provisions of sections 6.1.14.4.1, 6.1.14.4.2 and 6.1.14.4.3 along with table 6.1.4.4.1 in order to allow the Applicant to maintain a minimum of an approximate fire rating of one (1) hour between the cited occupancies, at the direction and to the satisfaction of the Woonsocket Fire Marshals office within 120 days of the date of this decision.  In reviewing this particular facility, the Board notes that the plaster ceiling above the tin ceiling will provide additional fire rating to the tile ceiling below.
	5.  The Board hereby grants a variance from the provisions of section 4.5.3.1 in order to allow the Applicant to maintain the existing egress from the cited residential units of this facility.  In granting this variance, the Board notes that the Woonsocket Fire Marshals office has no objection in light of the separation of the occupancies and the fire alarm system installed within this facility.  
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by upgrading the commercial cooking area at the direction and to the satisfaction of the Woonsocket Fire Marshals office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by bringing the portable fire extinguishers in this facility into full compliance with the code.
	8.  The Board hereby grants a variance from the provisions of section 14.5.1.2 in order to allow the Applicant to maintain the existing swing of the Main Street door to the bar of this facility.  In granting this variance, the Board notes that there are five (5) means of egress out of this facility and that swinging the front door in the opposite direction could create a hazard to the pedestrians on the adjoining sidewalk.  As a condition of this variance, the Board directs the Applicant to utilize a side door of this facility as the main entrance in the future.

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)].