The above-captioned case was scheduled for hearing on January 06, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Coutu, Filippi, O'Connell and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Louis J. Trebisacci of the Dunn’s Corners Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond in sequence with a January 02, 2004 inspection report compiled by the Dunn’s Corners Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Dunn’s Corner Fire Marshal’s Office during the January 06, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 02, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1-4. It is the understanding of the Board that the Applicant shall correct deficiencies #1, 2, 3 and 4 at the direction to the satisfaction of Dunn’s Corners Fire Marshal’s Office.
	
5. The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the cited exit door in the front dining room.  In granting this variance, it is the understanding of the Board that the repair of the door in question would require either the movement of bearing post or the removing of fixed glass and metal framing in the atrium.  It is the further understanding of the Board that this door is undersized by approximately 2 inches but is otherwise compliant with approved panic hardware.  It is the further understanding of the Board that this facility has approved sprinkler and fire alarm system in place and that the Dunn’s Corners Fire Marshal’s Office has no objection to the granting of this relief.

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)].