The above-captioned case was scheduled for hearing on March 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Richard, Filippi, Newbrook, Coutu, Preiss, Burlingame, OConnell, and Pearson were present.  The Applicant advised the Board that she had no objection to Chairman Farrell participating in this case.  By letter dated March 11, 2003, Inspector Daniel F. Isles of the Providence Fire Marshals Office advised the Board of his finding with regard to this facility.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Pursuant to the March 11, 2003 letter submitted by the Providence Fire Marshal and the testimony of the Applicant during the March 11, 2003 hearing of this matter, the Board makes the following findings of fact.  At the time of the initial inspection of this facility, there were approximately fourteen (14) rugs hanging from the walls throughout this restaurant.  There were also a number of other rugs in varying positions on display. The Applicant has requested up to sixteen (16) rugs on display on the walls of this facility.  The Board further finds that this facility is of heavy timber construction with masonry mill type walls.  The Board further finds all of the rugs within this facility are 100 wool.  The Board further finds that the 1981 NFPA handbook Section 4, Chapter 3 dealing with fibers and textiles states that will support combustion with difficulty and is comparatively difficult to ignite.  The Board further finds that the rugs within this facility are reportedly antiques that are for sale and that applying fire retardant may substantially decrease their value.  With regard to the entire building, it is the understanding of the Board that this facility is fully equipped with a working sprinkler system.  Finally, it is the understanding of the Board that portions of these 100 wool rugs have been fire tested in the field by members of the Providence Fire Marshals Office and have been determined not to support combustion and the rapid spread of fire.
	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant the term as used here is defined in Section 23-28.1-4(3) of the Rhode General Laws.	

CONCLUSIONS AND VARIANCE REQUESTS
1.	In light of the Boards findings above, the Board hereby grants a variance from the decorative and acoustical provisions of Section 23-28.6-15 in order to allow the Applicant to maintain up to sixteen (16) 100 wool rugs on the non-combustible walls of this fully sprinkler and fully fire alarmed facility.  The above rugs shall be installed and maintained to the satisfaction of the Providence Fire Marshal and shall be of the same character of those materials as those rugs previously tested by Providence Fire Marshals Office.  The above rugs are to be installed so that they do not obstruct any fire protection device, system or component including all of the means of egress
This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use of 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-cite classification review 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.  (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)].