The above-captioned case was scheduled for hearing by a subcommittee of the Board on July 12, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Executive Director Coffey were present.  The fire service was represented by Assistant Deputy State Fire Marshal E. Craig Beausoleil of the North Smithfield Fire Marshal's office.  The subcommittee recommendation was reviewed by the full Board on July 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and a second by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 24, 2004 inspection report compiled by the North Smithfield Fire Marshals office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals office during the July 12, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 24, 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby recognizes that this facility would fall within the classification of an organized dining facility, and accordingly the Applicant would have until October 1, 2006 as the deadline to install the sprinkler system in this building.  In light of the fact that sprinkler heads within the sprinkler system may be utilized to substitute for the fire alarm heat detectors, the Board shall further grant the Applicant a time variance until October 1, 2006 in order to upgrade the fire alarm system in this facility, to current standards, at the direction and to the satisfaction of the North Smithfield Fire Marshal's office.
	2.  In light of the Boards above findings, that this facility is classified as an organized dining facility, the Board notes that the Applicant automatically has until October 1, 2006 to provide this facility with full sprinkler coverage.
	3.  The Board hereby grants the North Smithfield Fire Marshal's office the authority to extend the above October 1, 2006 deadlines for the sprinkler and fire alarm improvements to this facility if he is satisfied that the Applicant is making a good faith effort to comply.

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].