This case was previously before the Board for a hearing on June 8, 2004 and a comprehensive written Decision was released on June 25, 2004.  The Applicant has now returned to the Board requesting additional relief.  Specifically, the Applicant is seeking relief from the suppression requirements covering the appliances within the breakfast room at Temple Emanu-El.  The Applicant is further seeking approval for the issuance of a temporary certificate of occupancy for the first floor of this facility where interior renovations have been completed for classroom space.  The Applicant’s most recent request was scheduled for hearing on September 8, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Wahlberg, Burlingame, Preiss and Pearson were present.  The Board was advised that the Providence Fire Marshal’s Office had no objection to the requested relief.  A motion was thereupon made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the breakfast room at Temple Emanu-El is used each morning following morning service by approximately 15 to 20 people.  The Board further finds that these people partake in coffee, tea, cold cereal and bagels.  The Board further finds that occasionally they are served scrambled eggs along with a variety of cold pastry.  However, the Board finds that at no time are there any fried foods such as bacon, breakfast strips, or similar items.  In light of the above, and the Board’s formal interpretation 95-3, it is apparent to the Board that the Applicant shall not use this facility in a manner which would generate grease laden vapors.  Accordingly, the Applicant would appear to be exempted from the NFPA Standard 96 requirements.  
	
The Board further finds that the Applicant recently completed renovation of the classroom spaces on the first floor of this facility and that the Providence Fire Marshal’s Office has no objection to allow temporary occupancy of this space.

CONCLUSIONS AND VARIANCE REQUESTS

1. In light of the Applicant’s testimony that there shall not be grease laden vapors generated in the breakfast room at Temple Emanu-EL, the Board hereby grants a variance in order to allow the Applicant to maintain the current operation without additional compliance with NFPA 96.  The Board bases this determination on the representations of the Applicant and the Board’s formal interpretation 95-3 as it relates to NFPA Standard 96.
	
2. The Board hereby authorizes the Providence Fire Marshal’s Office to approve the issuance of a temporary certificate of occupancy for the first floor of this facility.

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)].