As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 29, 2019 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson, Walker, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Watch Hill Fire Marshals Office.
APPLICANT: Daniel Hostettler, Clement Mann and Antonia Korosec.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Clement Mann (authorized representative) of One Bluff Avenue, Westerly, RI dated August 19, 2019.
3.	The Application was received by the Board and File  190031A was opened on September 12, 2019.
4.	The property was initially before the Board on April 30, 2019 at which time Decision  190031 was issued dated May 8, 2019.
5.	A subsequent hearing on the Application was conducted on October 29, 2019 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioners Filippi and ODonnell to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190031A and are pertinent to the decision rendered:

1.	Variance Application  190031A dated August 19, 2019 and filed on September 12, 2019.
2.	Decision  190131 dated May 8, 2019.

EXHIBITS

The following documents were presented at the April 30, 2019 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the May 8, 2019 Decision  190131.  The above Decision was utilized by the Board, the Applicant and the Watch Hill Fire Marshals Office during the October 29, 2019 hearing on this matter.  Accordingly, the Board hereby incorporates the May 8, 2019 Decision  190131 as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	There is no objection by the Watch Hill Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2012 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2012 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

The below items, originally set forth in Decision  190131, are hereby amended as follows:

5.	OCCUPANT LOAD: The Board hereby grants the Applicant seven (7) days from the date of this decision to comply with the provisions of RIFC section 20.1.5.10.3.1 and RIGL  23-28.6-5 by providing this facility with approved [State Fire Marshal issued] assembly space occupant load signage in the non-public areas of the facility, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.  The Board further grants relief from RIGL  23-28.6-5 by allowing the Applicant sixty (60) days from the date of this decision to install custom made occupant load signs in the public areas of the facility, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.
71.	COMMERCIAL COOKING: The Board hereby grants the Applicant sixty (60) days from the date of this decision to comply with the provisions of NFPA 96 (2011) section 4.1.1 by providing the existing caf cooking equipment [donut maker] with an approved suppression and exhaust system, at the direction and to the satisfaction of the Watch Hill Fire Marshal's Office.

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 this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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.  [See: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(V)].
2.	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: FSC section 450-RICR-00-00-1.7.2(W)].  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 FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(X)].
3.	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 RIGL section 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:  FSC section 450-RICR-00-00-1.7.2(Y)].
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 42-35-12, 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.  [See: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].