The above-captioned case was scheduled for hearing on April 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jackson, Preiss, Pearson, OConnell, Walker and Jasparro were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is a three-story structure maintaining an area of approximately 141,416 square feet.  The Board further finds that this is a wood frame building with brick veneer.  The Board further finds that there are approximately seventeen (17) different occupancies, mostly industrial, within this complex.  The Board further finds that the facility maintains sprinklers and has a fire alarm system that the Cranston Fire Marshal's office has determined not to be in compliance.  Finally, the Board finds that the owners engineers are in the process of developing a comprehensive plan of action to address the fire code deficiencies within this facility and that this plan of action has been generated by a walk-through inspection with the owner and the State Fire Marshal's office along with the Cranston Fire Department.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant shall provide the Cranston Fire Marshal's office with fire alarm upgrade plans for this facility within a week of the April 22, 2008 hearing.  The Board hereby grants the Applicant a time variance of ninety (90) days from the April 22, 2008 hearing in order to submit comprehensive plans addressing the egress system deficiencies within this complex.  The Board hereby requests that the Cranston Fire Marshal's office reviews all of the above plans within thirty (30) days of receipt.  The Board hereby grants the Applicant an additional time variance of six (6) months from the Cranston Fire Marshal's review and approval of the plans in which to upgrade the egress and fire alarm systems in accordance with those plans.  The Board hereby authorizes the Cranston Fire Marshal's office to grant the Applicant additional time in light of good faith compliance efforts shown.  Finally, the Board directs the Applicant to maintain the third floor doors locked until that floor is brought into full compliance.

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)].