The above-captioned case was originally scheduled for hearing on February 17, 2004 at 1:00 P.M.  Pursuant to this hearing, the Board issued a decision granting the Applicant several variances and directing compliance for a number of items including bringing the cooking appliances within this facility into compliance with NFPA 96 at the direction and to the satisfaction of the State Fire Marshal or designee.  The Applicant is now returning to the Board requesting additional time to correct deficiency 5.  This case was thereupon scheduled for June 8, 2004 at 1:00 P.M.   At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Pearson, Filippi, OConnell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Cynthia Dehler and Chief of Inspections William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its initial findings in file number 030065.  In addition, the Board finds that the Applicant has requested additional time in which to correct deficiency 5 of the original decision relating to bringing the cooking equipment of this facility into compliance with NFPA Standard 96.  The representative of the State Fire Marshals Office had no objection to this limited time extension.  It is the understanding of the Board that all fire code deficiencies have been or will be corrected by the Applicant at the direction and to the satisfaction of the State Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants the Applicant an additional period of time until September 15, 2004 in which to correct deficiency 5 by bringing the cooking appliances, within this facility, into compliance with the applicable NFPA 96 Standard at the direction and to the satisfaction of the State Fire Marshal or designee.

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)].