The above captioned case was scheduled for hearing on March 4, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Coutu, Filippi, Newbrook, Preiss, Burlingame, OConnell, Evans and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Donahue of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame 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 January 8, 2003 inspection report compiled by the Providence Fire Marshals Office during the March 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 8, 2003 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.	The Board hereby directs the Applicant to correct deficiency 1 by removing the cited slide-bolt lock, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Applicant may maintain the security of the rear exit door by providing an approved double-keyed deadbolt which shall remain open during all hours of occupancy and shall further be equipped with approved signage, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The above corrections shall be made prior to occupancy of the new owner of this facility.
	2.	The Board hereby directs the Applicant to correct deficiency 2 by properly maintaining the cited emergency lighting.
	3.	The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshals Office or designee, within one hundred and twenty (120) days or prior to occupancy by the new owner whichever is sooner.  During the March 4, 2003 hearing on this matter, the Board was further advised that there is a concrete separation between the restaurant occupancy on the lower level and the business use upstairs.  Accordingly, the fire alarm system installed in the restaurant should further be provide with an approved horn/strobe device in the business occupancy in the upstairs in order to alert the occupants of the business of activation of the fire alarm system in the restaurant below.  The above horn/strobe device shall be installed as part of the fire alarm system within the above timetable.  
	4.	During the March 4, 2003 hearing on this matter, the Board was advised that the Providence Fire Marshals Office questioned the integrity of the existing commercial cooking ductwork.  The Applicant has requested time to provide this ductwork with an approved clean out.  In light of the concerns of the Providence Fire Marshal and the request to the Applicant, the Board hereby directs the Applicant to request review of the commercial cooking operation and ductwork with the Providence Mechanical Inspector.  The Board further directs the Applicant to comply with any recommendations made by the Providence Fire Marshal and/or Providence Mechanical Inspector with regard to the commercial cooking operation.  Finally, the Applicant is hereby granted a time variance in which to provide the cooking ductwork with an approved clean out, at the direction and to the satisfaction of the Providence Fire Marshal and Mechanical Inspector within either one hundred and twenty (120) days from the date of this Decision or prior to occupancy of the restaurant by the new owner, whichever is first.
	5.	A.  It is the understanding of the Board that the Applicant has corrected deficiency 5A by removing the cited oven.
		B.  The Board hereby directs the Applicant to correct deficiency 5B by providing the Providence Fire Marshals Office with approved documentation covering this deficiency.
		C.  The Board hereby directs the Applicant to correct deficiency 5C by removing the cited table, at the direction and to the satisfaction of the Providence Fire Marshal.
	6.	The Board hereby directs the Applicant to correct deficiency 6 by providing the Providence Fire Marshals Office with approved plans covering the hood and duct system of this facility.
	7.	The Board hereby directs the Applicant to correct deficiency 7 by complying with all recommendations of the Providence Fire Marshal and Providence Mechanical Inspector relating to the commercial cooking operation and ductwork within this facility as outlined above.
	8.	The Board hereby directs the Applicant to correct deficiency 8, at the direction and to the satisfaction of the Providence Fire Marshal and Providence Mechanical Inspector as outlined above.
	9.	The Board hereby grants a variance in order to allow the Applicant to provide an approved baffle board between the cited fry-o-lators and open grill in accordance with the current edition of NFPA 96.  The above baffle board shall be installed at the direction and to the satisfaction of the Providence Fire Marshal and Providence Mechanical Inspector within either one hundred and twenty (120) days or prior to the new owner of this facility commencing operation, whichever is sooner.

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.  
	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.  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.  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.  
	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)].