The above-captioned case was scheduled for hearing on December 14, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, Pearson and O’Connell were present.  The fire service was represented by the Jamestown Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds this facility is a mixed use occupancy without approved separation between the mercantile and the residential use groups.  The Board further finds that one of the egress paths from this building was partially obstructed and so noted by the Jamestown Fire Marshal’s Office.  The Board further finds that the Applicant plans to eventually expand the mercantile portion of the facility into the residential portion within a year or so.  The Board further finds that the applicant currently utilizes a primary bread oven, which was installed with the approval of the Building and Mechanical Inspector.  The Applicant has come before the Board requesting review and relief of the fire alarm requirements and the cooking requirements of the code.

CONCLUSIONS AND VARIANCE REQUESTS

1. In light of the current status of this occupancy along with the plans to extend into the residential portion of this facility, the Board notes that a fire alarm system would be required.  Accordingly, the Board hereby grants the Applicant a time variance until July 1, 2005 in order to provide this entire facility with an approved fire alarm system installed at the direction and to the satisfaction of the Jamestown Fire Marshal’s Office.  As a condition of this variance the Board further directs the Applicant to clear out an approved path from the building to an approved area of refuge at the direction and to the satisfaction of the Jamestown Fire Marshal’s Office.  Finally, the Board grants a variance in order to allow the applicant to maintain the primary bread oven, as installed, provided it is used only for the cooking of breads.  In the event the oven is used for any other purpose, the Board directs the Applicant to have it vented to the outside and to bring this oven into full compliance with the provisions of NFPA 96.


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)].