The above-captioned case was scheduled for hearing on May 5, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Filippi, Blackburn, Preiss, Walker, Jasparro and Richard were present.  Commissioner Dias recused himself from consideration of this case.  The fire service was represented by Chief James Gumbley and Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with three fire inspection reports dated July 1, 2008, March 13, 2009 and April 1, 2009 respectively along with the Applicants proposed plan of action which addresses the above reports.  The above reports and the Applicants plan of action addressing those reports were utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the May 5, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the July 31, 2008, March 13, 2009 and April 1, 2009 reports along with the Applicants plan of action addressing those reports 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. 
	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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 

July 31, 2008 report
	1.  The Board hereby grants the Applicant a time variance of 150 days from the date of this decision in which to create and submit a plan of action to the Cranston Fire Marshal's office for the upgrading of the alarm coverage of this facility to an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Cranston Fire Marshal's office within a timetable established by that office.  The Board shall further maintain this as an open file in the event either or both of the parties have questions or wish to request additional relief.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan of action for the correction of the deficiencies outlined in item 2 at the direction and to the satisfaction of the Cranston Fire Marshal's office and to further address the south stairway at Building 2 in a plan approved by the Cranston Fire Marshal's office.  The Board further grants the applicant a additional 120 days in which to implement the above plans of action at the direction and to the satisfaction of the Cranston Fire Marshal's office.  The Board notes that if the Cranston Fire Marshal's office is satisfied with the plan of action presented, then the Board shall also be satisfied.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the freight elevator as is.  The Board notes that the Cranston Fire Marshal's office has no objection to this relief.
	4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct any remaining exit signage or emergency lighting deficiencies at the direction and to the satisfaction of the Cranston Fire Marshal's office.
5-6.  It is the understanding of the Board that deficiencies 5 and 6 are addressed to separate operations of tenants (spray booth and woodworking operation).  Accordingly, the Board hereby grants the parties thirty (30) days in which to develop a plan of action for the correction of deficiencies 5 and 6 and an additional 120 days to implement that plan at the direction and to the satisfaction of the Cranston Fire Marshal's office.

March 13, 2009
	1-2.  It is the understanding of the Board that items 1 and 2 involve tenant operations.  Accordingly, the Board hereby grants the parties a time variance of thirty (30) days from the date of this decision in order to allow the tenants to present plans for the correction of deficiencies 1 and 2 to the Cranston Fire Marshal's office and an additional 120 days to implement the above plans at the direction and to the satisfaction of the Cranston Fire Marshal's office.  
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days in which to review the sprinkler coverage of this facility and determine whether additional sprinkler heads are necessary in any hazard areas.  The Board hereby grants the Applicant an additional 120 days to provide any additional heads deemed necessary by its engineer and the Cranston Fire Marshal's office.
	4-6.  It is the understanding of the Board that deficiencies 4, 5 and 6 are in areas controlled by the tenant of this facility and that the property owners have agreed to speak to the tenants and fully advise them of the circumstances and encourage them to comply with the respective codes.  Accordingly, the Board hereby grants the parties a time variance of thirty (30) days from the date of this decision in which to review deficiencies 4, 5 and 6 with the Cranston Fire Marshal's office and to submit a plan of action for the correction of those deficiencies.  The Board hereby grants the parties an additional 120 days in order to implement the above plan of action for the correction of the deficiencies in items 4, 5 and 6 at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	7.  During the May 5, 2009 hearing on this matter, the Board was advised that the owner believed that all of the electrical work in this facility had been corrected.  The Board was further advised that the owner would correct any outstanding work at the direction, to the satisfaction and within a timetable established by the Cranston Fire Marshal's office.

April 1, 2009
	1.  The Board finds that deficiency 1 is moot and it relates to a one-time event in an area occupied and controlled by a tenant of this facility.  The Board further finds that the owner has agreed to promptly report any similar situation to the Cranston Fire Marshal's office.
	2.  The Board directs the parties to work together to develop an emergency evacuation plan for this facility, at the direction, to the satisfaction and within a timetable established by the Cranston Fire Marshal's office.  

Note:  The Board shall maintain this file as an open file in order to allow the parties to return during either the development and/or implementation stages of their plan of action for further clarification and/or further relief by the Board.  Finally, the Board notes that the Cranston Fire Marshal's office may extend any of the above deadlines for good faith efforts being shown by the Applicant.

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 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: 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 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 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 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].