The above-captioned case was scheduled for hearing on August 1, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Pearson, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Scott Caron of the Smithfield Fire Marshals Office.  A motion was made by Commissioner Pearson 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 September 28, 2004 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the August 1, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the September 28, 2004 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 grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain the existing cited dimensions of the wooden basement stairway within this facility.  In granting this variance, it is the understanding of the Board that this stairway is only utilized by the owner and staff of this facility and that there is no public access to the stairway.  Based on the above, the Smithfield Fire Marshal's office has no objection.
	2.  During the August 1, 2006 hearing on this matter, the Board was advised that the Applicant has corrected deficiency 2 by providing the cited guards and handrails on the left front exterior exit stairway.  Accordingly, the Board directs the Smithfield Fire Marshal's office to verify this correction.
	3.  The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to maintain the existing single means of egress from the basement level of this facility.  In granting this variance, the Board notes that there is a small one-person office located within ten (10) feet of the bottom of the basement stairway.  Further, as a condition of this variance, pursuant to the recommendation of the Smithfield Fire Marshal's office, the Board directs the Applicant to provide this area with approved domestic sprinkler head coverage, installed at the direction and to the satisfaction of the Smithfield Fire Marshal's office.
	4.  The Board hereby grants a variance from the provisions of section 7.5.2.1 in order to allow the Applicant to maintain the existing basement exit doorway discharge through the kitchen.  This variance is based on the same conditions outlined in item 3 above and further based on the limited occupancy of the basement of this facility.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with an approved rapid entry access box, at the direction and to the satisfaction of the Smithfield Fire Marshal's office within 120 days of the date of this decision.  
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Smithfield Fire Marshal's office, within 120 days of the date of this decision.

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)].