The above-captioned case was scheduled for hearing on May 4, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Latek of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook 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 those of a January 8, 2004 inspection report compiled 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 May 4, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 8, 2004 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 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 31.2.2.3.1 in order to allow the Applicant to maintain the existing front and rear stairway construction of this facility.  In granting this variance, the Board notes that the Applicant has provided this facility with an approved fire alarm system and emergency lighting along with smoke and carbon monoxide detection.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by covering the cited hatch area, at the direction and to the satisfaction of the Cranston Fire Marshal and removing the hatch and lock on the second floor of this facility at the direction and to the satisfaction of the Cranston Fire Marshal within 120 days of the date of this decision.
	
3. The Board hereby directs the Applicant to correct deficiency #2 by providing the boiler area with an approved remote shut off switch, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office and to further provide the five (5) gas burners in the basement with approved domestically supplied sprinkler heads at the direction and to the satisfaction of the Cranston Fire Marshal within 120 days of the date of this decision.
	
4.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office, in accordance with the provisions of section 31.3.4.1.1, within 120 days of the date of this decision.
	
5.  The Board hereby grants a variance from the provisions of section 31.3.6.2 in order to allow the Applicant to provide the existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be at least 1 3/8” thick. 
     
6.The Board hereby directs the Applicant to correct deficiency #6 by providing the cited doors with approved spring loaded hinges or other self-closing devices installed at the direction and to the satisfaction of the Cranston Fire Marshal’s office within 120 days of the date of this decision.

7.  It is the understanding of the Board that the Applicant has provided this facility with approved emergency lighting and has provided fire extinguishers in each of the apartments of this facility at the direction and to the satisfaction of the Cranston Fire Marshal’s office.

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)].