The above-captioned case was scheduled for hearing on June 14, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Pearson, Burlingame and Filippi were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 14, 2005 hearing on this matter, the Board was advised and finds that this facility was previously a single family home and the new occupancy of the facility shall be a tailor shop on the first floor and storage on the second floor and basement.  The Board was further advised and finds that the public shall have access only to the main level.  The Board was further advised and finds that the issue before the Board is the dimensions of the existing interior stairway.  By letter dated May 12, 2005, the Cranston Fire Marshal’s office advised the Board that given the very limited occupancy load of this facility and the fact that the only people utilizing the stairs of this facility shall be the owner and a very low number of employees, the Cranston Fire Marshal’s office is not opposed to granting this variance based on structural hardship.
	
It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant to the satisfaction of the Cranston Fire Marshal’s office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of Rhode Island Life Safety Code section 7.2.2 in order to allow the Applicant to maintain the existing stairway dimensions of this facility.  This variance is granted on the basis of structural hardship.

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)].