The above-captioned case was scheduled for hearing on March 22, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Evans, O’Connell, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshal’s Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The Board finds that this is a multiple use building with mixed commercial occupancies on the ground level and three apartments on the upper level.  During a previous on-site visit by the Board, it was determined that the facility required two-hour separation and needed two (2) means of egress.  The Applicant was thereupon directed to return to the Board with a plan for approved separation of the occupancies.  It is the understanding of the Board that all other fire code deficiencies in this facility have been or shall be corrected by the Applicant.  Finally, the Applicant is requesting that the Cranston Fire Marshal’s office be authorized to approve the issuance of a temporary certificate of occupancy for this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance in order to allow the Applicant to maintain one-hour separation between the occupancies of this facility in conjunction with an approved NFPA 13 sprinkler system covering this entire facility including the roof assembly at the direction and to the satisfaction of the Cranston Fire Marshal’s office.  The Board directs that the first floor be so covered by the sprinkler system within six (6) months of the date of this decision.
	
2.  The Board directs the Applicant to provide two (2) means of egress from each of the residential units prior to the issuance of a temporary certificate of occupancy for these units.
	
3.  The Board hereby grants the Cranston Fire Marshal’s office the authority to approve the issuance of a temporary certificate of occupancy for those portions of this facility deemed to be in compliance with this decision.  The Board notes that the temporary certificate of occupancy for the residential units may be granted prior to the sprinklering of the entire facility, provided that two (2) means of egress are maintained for each unit and that the Applicant adheres to a timetable for the completion of the sprinkler system established by the Cranston Fire Marshal’s office. 

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)].