The above-captioned case was scheduled for hearing on January 4, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 May 25, 2004 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the January 4, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the May 25, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1 through 4. The Board hereby directs the Applicant to correct deficiencies #1, 2, 3 and 4 at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days from the date of this decision.
	
5. The Board hereby grants a variance in order to allow the Applicant to maintain the current position of the relocated fan for the front hood at nine (9) feet three (3) inches as opposed to ten (10) feet.  In granting this variance, it is the understanding of the Board that the additional nine (9) inches would not have a significant impact on the ventilation.
	
6 and 7. The Board hereby directs the Applicant to correct deficiencies #6 and 7 at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days from the date of this decision.
	
8. The Board hereby grants a variance in order to allow the Applicant to maintain the existing single layer 5/8 sheet rock over the existing ceiling of this facility.  In granting this variance, the Board notes that the structure members of the ceiling would not allow for the Applicant to bring the ceiling to a two (2) hour fire rating.
	
9. See item #8 above.
	
10 and 11. The Board hereby directs the Applicant to correct deficiencies #10 and 11 at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days from the date of this decision.
	
12. The Board finds that deficiency #12 is informational in nature and the Board hereby grants the Providence Fire Marshal’s Office authority to approve a temporary certificate of occupancy for 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)].