The above-captioned case was scheduled for hearing on April 8, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Richard, Burlingame, Evans, Filippi and O’Connell were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi 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 January 9, 2003 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 April 8, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 9, 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.  It is the understanding of the Board that the applicant has corrected deficiency #1 by providing the hood and exhaust duct system with a continuous weld to the satisfaction of the State Fire Marshal’s office.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing a fire damper in the air supply plenum that discharges within the hood, at the direction and to the satisfaction of the State Fire Marshal in accordance with the 1998 edition of NFPA 96, within 60 days of the date of this decision.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing the system with an approved access panel for cleaning and inspection at the direction and to the satisfaction of the State Fire Marshal, in accordance with the 1998 edition of NFPA 96, within 60 days of the date of this decision.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing the system with approved intake and exhaust outlets installed at the direction and to the satisfaction of the State Fire Marshal’s office, in accordance with the 1998 edition of NFPA 96, within 60 days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 at the direction and to the satisfaction of the State Fire Marshal’s office in accordance with the 1998 edition of NFPA 96, within 60 days of the date of this decision.
	
6.  The Board hereby grants the Applicant a variance from the provisions of NFPA 96, 1994 edition, in order to allow the Applicant to correct this deficiency with a baffle board arrangement in accordance with NFPA 96, 1998 edition, at the direction and to the satisfaction of the State Fire Marshal, within 60 days of the date of this decision.
	
7.  The Board hereby directs the Applicant to correct deficiency #7, by providing a hood protecting the oven and kitchen of this facility, at the direction and to the satisfaction of the State Fire Marshal, in accordance with the provisions of NFPA 96, 1998 edition, within 60 days of the date of this decision.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by connecting the flue duct from the oven to the hood, at the direction and to the satisfaction of the State Fire Marshal, in accordance with the 1998 edition of NFPA 96, within 60 days of the date of this decision.

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)].