As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, February 18, 2020 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson, Sylvester, Booth, Thornton, ODonnell and Muto.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Keith Maine of the Watch Hill Fire Marshals Office.
APPLICANT: James Aiello.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Thomas J. Capalbo, Jr., Esq. (owner) of 67 High Street, Westerly, RI dated November 19, 2019.
3.	The Application was received by the Board and File  190179 was opened on December 31, 2019.
4.	A hearing on the Application was conducted on February 18, 2020 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 6 to 1 vote with Commissioner Booth voting in opposition and Commissioner Pearson abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  190179 and are pertinent to the decision rendered:

1.	Variance Application  190179 dated November 19, 2019 and filed on December 31, 2019.
a.	Letter of authorization for James Aiello from Thomas J. Capalbo, Jr. dated November 20, 2019.
b.	Letter of authorization for James Aiello from Mattie Aiello dated [undated].
c.	Letter from Joyce A. Lagnese of the Inn at Watch Hill Condominium Association dated December 10, 2019.
d.	Applicants plan of action:
i.	Bay Street Deli menu
ii.	East Coast Fire & Ventilation, Inc. Contract dated June 25, 2019
iii.	Exhaust Fan Plan dated August 30, 2019
iv.	Martin Striker Services Contract dated November 1, 2019.
2.	Watch Hill Fire Marshals Office Inspection Report dated March 11, 2019.

EXHIBITS

The following documents were presented at the February 18, 2020 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Findings of Fact:

1.	The numbers of the Decision below correspond with those of the March 11, 2019 inspection report compiled by the Watch Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Watch Hill Fire Marshals Office during the February 18, 2020 hearing on this matter.  Accordingly, the Board hereby incorporates the March 11, 2019 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 2-story above grade building classified as a multiple/mixed use occupancy, originally built in 1938.
3.	The building is of Type V (000) construction, has a compliant fire alarm system and is not provided with an approved automatic sprinkler system.
4.	There is no objection by the Watch Hill Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

14.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 9.2.3 and NFPA 96 (2014) section 7.8.3 by allowing the existing kitchen hood and exhaust system to remain in use without modification based upon a structural hardship.  In consideration of the relief granted herein, the Board directs the Applicant to abide by the following conditions:
a.	Any cooking or preparation process resulting in the production of smoke or grease-laden vapors is prohibited;
b.	There shall be no substantial changes to the menu submitted by the Applicant through his plan of action; and,
c.	This relief is specifically limited to this tenant and this tenant space.

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 this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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 Applicants 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: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(V)].
2.	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: FSC section 450-RICR-00-00-1.7.2(W)].  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 FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(X)].
3.	Such changes in use or occupancy of this facility, or failure to continually comply with the Boards 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 RIGL section 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:  FSC section 450-RICR-00-00-1.7.2(Y)].
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 42-35-12, the Applicant may appeal the Boards 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.  [See: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].