The above-captioned case was scheduled for hearing on August 19, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an October 31, 2002 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the August 19, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 31, 2002 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 a variance, covering deficiency #1, was previously granted on March 16, 1993.
	
2. It is the understanding of the Board that that a variance, covering deficiency #2, was previously granted by the Board on March 16, 1993.
	
3. It is the understanding of the Board that the Applicant has corrected deficiency #3 by sealing off the cited hole in the ceiling above the washer in the basement of this facility.
	
4. During the August 19, 2003 hearing on this matter, the Applicant advised the Board that the stove in this facility will not be utilized in generating grease laden vapors.  The Board was further advised by the Applicant that there is no fry-o-lator and the grill had been removed.  Further, the kitchen area is fully enclosed and provided with sprinkler and fire alarm coverage.  In light of the Board’s understanding that there shall be no grease laden vapors generated by the stove within this facility, the Board hereby grants a variance from the provisions of section 6-3.2.2 and its referenced standards in order to allow the Applicant to utilize a residential extinguishing system in place of the commercial suppression system. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to install the residential extinguishing system.

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)].