The above-captioned case was scheduled for hearing on May 3, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Preiss, Jasparro, Pearson and Dias were present. The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Dias 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 January 24, 2011 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 3, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 24, 2011 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.


CONCLUSIONS AND VARIANCE REQUESTS

1. (11-41-VN)	It is the understanding of the Board that the Applicant has corrected Deficiency 1 by removing the cited latches from the exit access doors on the basement level.
2. (11-39-VN)	The Board hereby grants a variance in order to allow the Applicant to change the cited dead bolt latches and replace these latches with latches approved by the State Fire Marshals Office and to further provide signage, approved by the State Fire Marshals Office, stating that the doors must be unlocked during all hours that the kitchen is in operation. 
3. (11-35-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 3 by either re-swinging or removing the cited swinging gate at the direction and to the satisfaction of the State Fire Marshals Office. 
4. (11-31-VN) The Board hereby grants a variance to allow the Applicant to maintain the space above the suspended ceiling without heat detection based upon the Boards understanding that this is primarily a non-combustible space and that any wire in this area is plenum-rated wire. In light of the above, it is the understanding of the Board that the State Fire Marshals Office has no objection. 
	
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)].