The above-captioned case was scheduled for hearing on October 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Evans, Burlingame, Coutu, Filippi and O’Connell were present  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Wahlberg 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 September 28, 2000 plan review report compiled by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office during the October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 28, 2000 plan review 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 – 3.  It is the understanding of the Board that deficiencies 1, 2 and 3 are informational in nature and not violations of the State Fire Code.
	
4.  It is the understanding of the Board that the Applicant is in compliance with deficiency #4 of the plan review report.
	
5.  The Board notes that there is no deficiency #5 listed on the plan review report.
	
6.  During the October 21, 2003 hearing on this matter, the Board was advised that the basement stairs of this facility open into the cooking area and not directly outside or to a protected area.  The Board was further advised that the basement is utilized only for employees on a limited basis and not for public use.  Accordingly, in light of the above understanding, the Board hereby grants a variance from the cited provisions of the Life Safety Code in order to allow the Applicant to maintain this condition in this facility.  In granting this variance, the Board further notes that the East Greenwich Fire Marshal’s office has no objection in light of the limited occupancy of the basement and the fact that the Applicant is providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of  the East Greenwich Fire Marshal.
	
7 – 18.  It is the understanding and direction of the Board that the Applicant shall correct deficiencies 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 at the direction and to the satisfaction of the East Greenwich Fire Marshal’s office.

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)].