The above-captioned case was scheduled for hearing before a subcommittee of the Board on October 18, 2006 at 9:00 A.M.  At that time, Chairman Coutu and Commissioner Filippi were present.  The fire service was represented by Deputy State Fire Marshal Arthur DaCosta of the State Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on October 24, 2006 and approved pursuant to a motion made by Commissioner OConnell and seconded by Commissioner Richard.  Accordingly, the subcommittee recommendations now have the status of a full Board decision. 
FINDINGS OF FACT
	The numbers of the decision below correspond with those of a September 14, 2006 inspection report compiled by the State Fire Marshal's office.  The above inspection report was reviewed by the Board, the State Fire Marshal's office and the Applicant during the October 18, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 14, 2006 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with approved carbon monoxide detection installed at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the timelines established in blanket variance 06-10.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to connect the sprinkler pipes of this facility to the sprinkler service, at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved drill switch, at the direction and to the satisfaction of the State Fire Marshal's office, in accordance with the timelines established in blanket variance 06-10.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 4, by providing approved marking on the fire alarm circuit breaker, at the direction and to the satisfaction of the State 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, by providing approved inspection certification on the fire extinguishers in this facility, at the direction and to the satisfaction of the State Fire Marshal's office.
	6.  The Board hereby grants the Applicant a variance from the provisions of sections 33.3.2.1 and 7.1.5.1.1 and their referenced standards in order to allow the Applicant to maintain the cited headroom within the existing doors, landings and stairwells of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the State 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 upgrade the exit signage of this facility at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved Class A finish in the cited areas, at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of sections 33.3.2.5.1 and 7.5.2.1 in order to allow the Applicant to maintain the second means of egress from the second floor through the kitchen.  In granting this variance, the Board notes that the kitchen area along with the rest of the building shall be fully sprinklered, at the direction and to the satisfaction of the State Fire Marshal's office.
	10.  The Board hereby grants a variance from the provisions of sections 33.3.2.2.3 and 7.2.2.2.1 and their referenced standards, in order to allow the Applicant to maintain the existing dimensions of the cited stairways within this facility.  This variance is based on structural hardship in the absence of an objection by the State Fire Marshal's office.
	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 by providing proper ventilation to, and exhaust from, the dryer within this facility.  
	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 and its referenced maintenance items, at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 13 by properly testing and certifying the fire suppression system within the kitchen of this facility, at the direction and to the satisfaction of the State Fire Marshal's office.
	14.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 14 by sealing off the cited penetrations at the direction and to the satisfaction of the State 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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.