The above captioned case was previously scheduled for hearing on October 7, 2003 and a Decision was subsequently rendered by the Board.  The Applicants has returned for additional relief from the Board.  The above-captioned case was most recently scheduled for hearing on July 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell, and Commissioner Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi, OConnell and Pearson were present.  The fire services was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Pearson seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
		The Board hereby incorporates its original findings of fact in file number 030313 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant is in substantial compliance with this original Decision in this case.  However, the Applicant needs additional time to install a solid core door in the upper level of this facility and the Applicant is also requesting relief to maintain two (2) residential kitchen stoves within this facility.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance of two (2) weeks from the date of this Decision in order to provide the upper level of this facility with an approved solid core door installed at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
2.	The Board hereby grants a variance in order to allow the Applicant to maintain the two (2) residential electric stoves in this facility with either approved residential suppression system, including charcoal filter re-circulation units, install at the direction and to the satisfaction of the Tiverton Fire Marshal or to bring these stove into full compliance with NFPA 96.  In any event, the Applicant is directed not to turn on these stove or use them in any manner until one of the above systems has been installed and approved by the Tiverton Fire Marshals Office.

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)].