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 fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu 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 July 8, 2002 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the March 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 8, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 replacing the limited number of standard sprinkler heads in this facility with approved quick-response sprinkler heads.  Specifically, within ninety (90) days from the date of this Decision, the Applicants entire sprinkler system should be equipped with approved quick-response sprinkler heads, installed at the direction and to the satisfaction of the State Fire Marshals Office.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	During the March 11, 2003 hearing on this matter, the Board was advised that prior to the renovation of this facility, plaster ceilings were ripped out on the first floor and that the replacement drop ceiling provided ten (10) inches of space between it and the combustible floor ceiling assembly above.  During the above hearing, the Board was also advised that the State Fire Marshals Office was concerned about the possible lack of fire stopping in this area.  Accordingly, the Board hereby directs the Applicant to provide approved fire stopping of any exposed vertical shafts created by the removal of the plaster ceiling on the first floor level.  The Board further grants a variance from the sprinklering of this space in order to allow the Applicant to install a combination heat/smoke system throughout the first floor area which is also tied into the municipal fire alarm system.  The above fire stopping and heat/smoke system shall be installed within ninety (90) days from the date of this Decision.
4.	The Board hereby directs the Applicant to correct deficiency 4 by providing the cited control valves with proper signage within ninety (90) days from the date of this Decision to the satisfaction of the State Fire Marshal.
5.	The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved spare sprinkler heads and a sprinkler heads and a sprinkler wrench, within ninety (90) days from the date of this Decision to the satisfaction of the State Fire Marshal.
6.	The Board hereby directs the Applicant to correct deficiency 6 by properly enclosing the cited boiler room in the basement with approved two (2) hour materials, within ninety (90) days from the date of this Decision to the satisfaction of the State Fire Marshal.
7.	The Board hereby directs the Applicant to correct deficiency 7 by providing approved lateral support to the cited attic piping, within ninety (90) days from the date of this Decision to the satisfaction of the State Fire Marshal.
8.	The Board hereby directs the Applicant to correct deficiency 8 by providing approved separation from the deep-fat-fryer from the stove burner in accordance with NFPA 96, within ninety (90) days from the date of this Decision to the satisfaction of the State Fire Marshal.
9.	The Board hereby directs the Applicant to correct deficiency 9 by providing the approved cited handrails with approved return to the wall, within ninety (90) days from the date of this Decision to the satisfaction of the State Fire Marshal.
10.	The Board hereby grants a variance from the provisions of NFPA 1 Section 1-9.3 and NFPA 80 Sections 3-8 and 3-8.1 in order to allow the Applicant to maintain the existing cited twenty (20) minute door with twenty (20) minute hardware leading to the interior exit stair at the basement level of this facility. 

	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)].