The above-captioned case was scheduled for hearing on August 19, 2003at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Waterman of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner O’Connell and seconded by Commissioner Newbrook 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 March 10, 2003 inspection report compiled by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the August 19, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 10, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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. It is the understanding of the Board that the Applicant has corrected deficiency #1 at the direction to the satification of the Smithfield Fire Marshal’s Office.
	
2(a). It is the understanding of the Board that the Applicant has corrected deficiency #2(a) by removing the excessive storage and ice machine from the rear hallway of this facility.	
	
2(b). The Board hereby grants the applicant a temporary variance in order to maintain the cited chimney at the bottom of the basement stairs of this facility.  In granting this variance on the basis of structural hardship, the Board notes that the basement shall remain an unoccupied  space and that it has been cleaned out to the satisfaction of the Smithfield Fire Marshal’s Office.  Finally, the Board directs Applicant to remove the chimney at a point in time in the future when it removes or replaces the water heater within this facility.
	
2(c). It is the understanding of the Board that the Applicant has corrected deficiency #2(c) by removing the obstruction on the outside left and rear walkways of this facility.
	
3. The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing egress from the unoccupied basement of this facility.  In granting this variance, the Board directs the Applicant to replace the cited basement door with approved solid core door in the existing jamb, at the direction and to the satisfaction of the Smithfield Fire Marshal, within 120 days of the date of this decision.		

4. The Board hereby directs the Applicant to correct deficiency #4 by properly re-swinging the cited door at the direction of the Smithfield Fire Marshal’s Office 	
	
5. The Board hereby directs the Applicant to correct deficiency #5 by providing the cited solid core door at the top of the basement stairway with an approved UL listed closing device and by further providing approved separation between the rooming house and the place of assembly occupancies of this facility.  The above separation shall be 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 grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to maintain approved solid core wood door in the assembly located at the top of the basement stairway.  See item #3 above.
	
7. The Board hereby grants a variance from the provisions of section 23-28.6-9(c) in order to allow the Applicant to maintain the above cited door assembly as outlined in items (3) and (6) above.
	
8. The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with handrails installed at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office within 120 days of the date of this decision.
	
9(a.) The Board hereby grants a variance from the provisions of section 23-28.6-10- in order to allow the Applicant to maintain the existing one step down from the main entrance of the doorway of this facility.  In granting this variance, the Board directs the Applicant to maintain handrails on this step. 
	
9(b). The Board hereby directs the Applicant to correct deficiency #9(b) at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office. 
	
10. The Board hereby grants a variance from the provisions of section 23-28.6-10(d) in order to allow the Applicant to maintain the existing cited condition on the basis of structural hardship.	
	
11(a) and (b). The Board hereby directs the Applicant to correct deficiency #11(a) and (b) by providing this facility with approved group type “C” exit signage installed at the direction and to the satisfaction of the Smithfield Fire Marshal or his designee.	
	
12. The Board hereby directs the Applicant to correct deficiency #12 a, b, c and d by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office within 120 days of the date of this decision.	
	
13. The Board hereby directs the Applicant to correct deficiency 13a, b and c by providing this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Smithfield Fire Marshal.
	
14, 15 and 16. The Board hereby directs the Applicant to either certify the flame spread resistance of the cited materials, or to properly treat them and obtain a new certification or to replace or remove the materials at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office.  In the event the Applicant is unable to certify the materials or have them certified, the Applicant is then directed to remove the cited materials or replaced them within 120 days of the date of this decision. 
	
17. It is the understanding of the Board that the Applicant has corrected deficiency #17a, b, c, d, e, f, g, h and i at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office.
	
18. The Board hereby directs the Applicant to correct deficiency #18, if necessary, at the direction and to the satisfaction to the Smithfield Fire Marshal’s Office after the fire marshal has been provided with appropriate certification of the insulation of this unit.  The above correction shall be within 120 days of the date of this decision.
	
19. It is the understanding of the Board that the Applicant has corrected deficiency #19 by providing the cited gas fired heating system with an approved remote shut off switch installed at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office

20. The Board hereby grants a  temporary variance from the provisions of section 23-28.9-9(b) in order to allow the Applicant to maintain the existing floor covering within the cooking areas of this facility.  In granting this variance, it is the understanding of the Board that the Smithfield Fire Marshal has no objection in light of the fact that the kitchen has a commercial fire suppression system.  However, when and if the Applicant replaces the floor in the future the Applicant is directed to replace with approved rated materials at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office.
	
21. The Board hereby grants a variance from the provisions of section 23-28.6-6(a) in order to allow the Applicant to maintain the existing egress from the unoccupied basement of this facility.  This variance is based on structural hardship and in light of the fact that the basement shall only be utilized for storage and not otherwise occupied 
	
22. The Board hereby grants a variance from the provisions of section 23-28.6-7(c) in order to allow the Applicant to maintain the existing clear width of the cited egress doorway from the unoccupied basement.
	
23. The Board hereby directs the Applicant to correct deficiency #23 and provide this facility with an approved upgraded fire alarm system, installed at the direction and to the satisfaction of the Smithfield Fire Marshal, or designee, within 120 days of the date of this decision.	
	
24(a) The Board hereby directs the Applicant to correct deficiency 
24(a) by providing approved metal separator between the deep fat fryer and adjacent cooking appliance.	

24(b) the Board hereby directs the Applicant to correct deficiency #24(b) by removing the duct that vents into the attic of this facility and either to replace with a re-circulator or to  extend the other hood to cover the cited four(4) burner gas stove or to relocate the stove to outside wall in the future at the direction and to the satisfaction of the Smithfield Fire Marshal’s Office. 
	
24(c). It is the understanding of the Board that while the cited hood lacks a fire extinguishing system, the other hoods are comparable, and would provide extinguishing.
	
24(d). See item #24(c) above. 
	
25. The Board hereby directs the Applicant to correct the deficiency #25 as part of its installation fire alarm system of this facility as outlined item #23 above.
	
26. Pursuant to a recommendation of the Smithfield Fire Marshal’s Office the applicant has agreed to provide a lock box for keys on this building at the direction and to the satisfaction of the Smithfield Fire Marshal 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 Applicant’s 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 Board’s 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 Board’s 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)].