The above-captioned case was scheduled for hearing on August 5, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Richard, Jackson, Preiss, Pearson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias 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 a June 3, 2005 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the August 5, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 3, 2005 inspection report 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 
	1.  The Board hereby grants the Applicant a time variance of 180 days from the date of the hearing in order to provide this facility with an approved key box at the direction and to the satisfaction of the Cranston Fire Marshal's office.  
	2.  The Board hereby grants the Applicant a time variance of 180 days from the date of the hearing in order to provide the suspended gas burners of this facility with emergency shut-off devices.
	3.  During the hearing, the Applicants representative advised the Board that the Applicant would correct deficiency 3 by either providing approved compartmentalization of the facility or by providing this facility with an approved fire alarm system.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days from the date of the hearing in order to present the Cranston Fire Marshal's office with his plan of action to either provide this facility with approved compartmentalization and thereby eliminate the need for a fire alarm system or to install the fire alarm system.  The Board hereby grants the Applicant an additional 120 days from the above sixty (60) days in which to execute the plan of action by either constructing the compartmentalized space or by installing the fire alarm system.  The Board hereby grants the Cranston Fire Marshals office the authority to extend either or both of the above time lines for good faith efforts shown.  Finally, the Board will leave this file open in the event the Cranston Fire Marshal or the Applicant has any additional questions.  In light of the above, it is the understanding of the Board that the Cranston Fire Marshal's office has no objection to this plan of action.

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)].