The above-captioned case was scheduled for hearing on July 15, 2003 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Pearson, Newbrook, Burlingame, Coutu, and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office along with Assistant Deputy State Fire Marshal Ronald Raposa of the Providence Division of Communications.  A motion was made by Commissioner Burlingame 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 14, 2003 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the July 15, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 14, 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
	
1-2.  During the July 15, 2003 hearing on this matter, the Board was advised that there is approximately 18 feet between exits in this facility.  The Board was further advised that this is an existing condition and cannot be corrected without imposing a structural hardship upon the applicant.  Accordingly, the Providence Fire Marshal’s office had no objection to the granting of variances from these provisions.  The Board hereby grants a variance from the provisions of Section 23-28.6-6(a) and 23-28.6-7(g) in order to allow the Applicant to maintain the existing remoteness of the cited exit doors.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by installing a “K” type portable fire extinguisher in the kitchen area.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiencies 4 b, c, and d.  The Board hereby directs the Applicant to correct deficiency 4a by providing the rear exit door from the restaurant with an approved self-closing device installed at the direction and to the satisfaction of the Providence Fire Marshal, within a timetable established by the Providence Fire Marshal.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the Providence Fire Marshal.  

6.  The Board hereby grants the Applicant a time variance of 60 days from the date of this hearing in order to secure engineering with regard to the cooking equipment and suppression equipment within this facility and an additional 120 days to fully correct deficiency 6.  Accordingly, deficiency 6 shall be corrected by the Applicant within 180 days from the July 15, 2003 hearing.
	
7.  The Board hereby directs the Applicant to correct deficiency 7 by removing the cited obstructions and maintaining the alleyway in an unobstructed condition, within 30 days of the date of this Decision.
	
8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the fire department key box with approved keys at the direction and to the satisfaction of the Providence Fire Marshal within 30 days of the date of this Decision.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing approved identification numbers on this building.
	
10-11.  The Board hereby directs the Applicant to correct deficiency 10 and 11 by providing approved engineering of the cooking suppression equipment in this facility within 60 days from the date of this hearing and by correcting these deficiencies within an additional 120 days.  Accordingly, deficiencies 10 and 11 shall be corrected at the direction and to the satisfaction of the Providence Fire Marshal within 180 days of the July 15, 2003 hearing.
	
12.  The Board hereby directs the Applicant to correct deficiency 12 at the direction and to the satisfaction of the Providence Fire Marshal by removing the cited double key deadbolt within 30 days of the date of this Decision.
	
13-14.  The Board hereby grants variances from the provisions of Sections 4-3.1 and 4-4.2 in order to allow the Applicant to maintain the existing remoteness of the cited means of egress.  See items 1 and 2 above.
	
15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by providing an approved “K” type portable extinguisher in the kitchen area as required.
	
16.  The Board hereby directs the Applicant to correct deficiency 16.  The Board hereby grants the Applicant a period of 60 days from the date of this hearing to provide engineering for the correction of the heating, cooking and suppression systems of this facility.  The Board further provides an additional 120 days in order to correct this deficiency.  Accordingly, the Board hereby grants the Applicant a period of 180 days from the date of the July 15, 2003 hearing in order to correct this deficiency.
	
17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 by providing a “K” type portable fire extinguisher in the kitchen area of this facility.
	
18.  The Board hereby directs the Applicant to correct deficiency 18 at the direction and to the satisfaction of the Providence Fire Marshal.  The Board hereby grants the Applicant a period of 60 days in order to providing the engineering for the correction of the heating and cooking and suppression systems of this facility.  The Board hereby provides an additional 120 days to correct this deficiency.  Accordingly, the Board hereby provides 180 days from the July 15, 2003 hearing date in order to correct this deficiency.
	
19, 20, 21, 22, 23.  It is the understanding of the Board that the Applicant has corrected deficiencies 19, 20, 21, 22, and 23 at the direction and to the satisfaction of the Providence Fire Marshal.
	
24.  The Board hereby directs the Applicant to correct deficiency 24 by providing additional sprinkler coverage and utilizing melt-away ceiling tiles in the restrooms, at the direction and to the satisfaction of the Providence Fire Marshal within the timetable established by the Providence Fire Marshal.
	
25.  It is the understanding of the Board that the Applicant has corrected deficiency 25 at the direction and to the satisfaction of the Providence Fire Marshal.
	
26, 27, 28, 29, 30, 31, 32.  The Board hereby directs the Applicant to correct deficiencies 26, 27, 28, 29, 30, 31 and 32 at the direction and to the satisfaction of the Providence Fire Marshal.  The Board hereby grants the Applicant a period of 60 days from the date of this hearing in order to provide approved engineering for the heating, cooking and suppression systems of this facility.  The Board further grants an additional 120 days in order to correct these deficiencies.  Accordingly, the Board directs the Applicant to correct the above deficiencies within 180 days of the July 15, 2003 hearing on this matter.
	
33, 34, 35.  It is the understanding of the Board that the Applicant has corrected deficiencies 33, 34 and 35 at the direction and to the satisfaction of the Providence Fire Marshal.
	
36, 37.  The Board hereby directs the Applicant to correct deficiencies 36 and 37 at the direction and to the satisfaction of the Providence Fire Marshal.  The Board hereby grants the Applicant a time variance of 60 days from the date of this hearing in order to provide approved engineering for the heating, cooking and suppression systems of this facility.  The Board further directs the Applicant to comply within an additional 120 days.  Accordingly, the Board hereby grants the Applicant a time variance of 180 days in order to correct these deficiencies.
	
38.  The Board hereby grants a variance from the provisions of NFPA 96 Section 9-1.2.2 in order to allow the Applicant to provide an 18-inch metal shield vertically between the cited fryolaters and open flame devices.  The Board directs the Applicant to discontinue the use of the fryolater until the shield is installed.
	
39.  It is the understanding of the Board that the Applicant has corrected deficiency 39 by providing documentations for and complying with all manufacturers’ recommendations for installation.

FIRE ALARM ISSUES
	
1.  During the July 15, 2003 hearing on this matter, the Board was advised that this facility is fully sprinklered and maintains a municipally connected fire alarm system.  The Board hereby grants the Applicant a period of 30 days from the date of this Decision in order to provide this facility with any additional horn strobe assemblies that need to be installed at the direction and to the satisfaction of the fire alarm superintendent.  The Board further directs the Applicant to connect the Ansul system on a separate zone in the fire alarm panel.

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)].