The above-captioned case was scheduled for hearing on July 18, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Fang, Richard, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Patrick Cull of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Fang 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 an October 26, 1999, inspection report complied by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the July 18, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the October 26, 1999 inspection 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. It is the understanding of the Board that the Applicant has corrected deficiency no.1 by repairing the boiler room at the direction and to the satisfaction of the Cranston Fire Marshal's Office.

2. It is the understanding of the Board that the Applicant has corrected deficiency no. 2 as outlined in item no.1 above.

3. It is the understanding of the Board that the Applicant has corrected deficiency no. 3 by removing the cited storage from the hallways and stairways of this facility.

4. The Board recognizes that a variance, covering deficiency no. 4, was previously granted.  Accordingly, in the absence of a change of use or occupancy, or renovations exceeding 50 percent, the original variance stands.

5. The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-6(c), in order to allow the Applicant to provide the apartment and laundry room doors of this facility with approved spring-loaded hinges.  It is the understanding of the Board that the Applicant has corrected the remainder of deficiency 5 by providing a full closure device on the cited boiler room door of this facility.

6. The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-6(e) in order to allow the Applicant to maintain the approved 1 3/4 inch solid core wood doors in the cited existing laundry room and apartment door jambs.

7. It is the understanding of the Board that deficiency 7 has been corrected by the Applicant to the satisfaction of the Cranston Fire Marshal.

8. It is the understanding of the Board that deficiency 8 has been corrected by the Applicant to the satisfaction of the Cranston Fire Marshal.

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)].