The above-captioned case was scheduled for hearing on October 28, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Dettore of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Evans 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 an April 24, 2003 inspection report compiled by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the October 28, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 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 the egress issue in deficiency #1 at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
2. It is the understanding of the Board that the Applicant has corrected the emergency lighting issue outlined in deficiency #2 at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing an approved class “A” flame spread rating and otherwise providing approved documented flame resistance to the paneling, curtains and other decorative acoustical materials in this place of  assembly, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, within 120 days of the date of the decision.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing this facility with an approved key box to the satisfaction of the Cranston Fire Marshal’s Office.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by replacing the cited electrical box covers, at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
6. It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing an approved baffle separation between the fry-o-later and the open flame in the kitchen of this facility at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
7. During the October 28, 2003 hearing on this matter, the Board advised the Applicant to upgrade the fire alarm system of this facility to a master box in accordance with the new law on or before the statutory deadline of July 1, 2005 and to further provide this facility with approved sprinkler coverage, in accordance with the statutory provision of the new code, on or before July 1, 2005.

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)].