The above-captioned case was scheduled for hearing on November 21, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Richard, Filippi, Pearson and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame 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 22, 2000 inspection report complied by the Newport Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshal’s Office during the November 21, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the September 22, 2000 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. During the November 21, 2000 hearing on this matter, the Board was advised that the Applicant had recently installed a new kitchen on the second level of this facility.  The Board was further advised that the Applicant installed the new kitchen without fire department review or approval.  Finally, the Board was advised that this facility would be utilized as a place of assembly in which alcohol would now be served. In light of the above, the Board developed an alternative fire safety plan of action for this facility as outlined herein.

The Board hereby grants a variance from the provisions of section 23-28.6-6 in order to allow the Applicant to maintain exit access, from the second level to the rear exit, through a kitchen.  In granting this variance, is the understanding of the Board that this facility is fully sprinkled.  As a condition of this variance, the Board directs the Applicant to enclose the front exit, from the second floor of this building, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.  As a further condition of this variance, the Board directs the Applicant to provide this facility with approved emergency lighting and emergency exit signage, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.  Finally, as a condition of this variance, the Board directs the Applicant to provide this facility with an approved municipally-connected fire alarm system, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to maintain exit access from the second floor level to the rear exit through a kitchen in accordance with the conditions outlined in item 1 above.

3. The Board hereby directs the Applicant to correct deficiency 3, as it relates to the front stairwell of this building, at the direction and to the satisfaction of the Newport Fire Marshal within 120 days of the date of this decision.  The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing construction, configuration and rating of the rear stairway exit to within this facility.  This variance is granted pursuant to the conditions outlined in item 1 above.

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)].

The decision was mailed on 11-20-00.