The above-captioned case was scheduled for hearing on August 8, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn 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 16, 2006 plan review 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 8, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the June 16, 2006 plan of action 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.  The Board hereby directs the Applicant to correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Cranston Fire Marshal's office within a timetable established by that office.
	4.  The Board hereby grants a variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain the existing cited height of the doors within this facility.  This variance is based a pre-existing condition and on structural hardship and is being granted in the absence of an objection by the Cranston Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant will be correcting deficiency 5 by redesigning the main entrance stairs within this facility.
	6.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the cited basement door leading from the unoccupied basement.  In granting this variance, the Board notes that the basement of this facility is not normally occupied and is used only for mechanical purposes.
	7-10.  It is the understanding of the Board that the Applicant shall correct deficiencies 7, 8, 9 and 10 at the direction and to the satisfaction and within a timetable established by the Cranston Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 7.2.2.3.5 in order to allow the Applicant to maintain the existing interior stair dimensions.  This variance is based on structural hardship due to existing conditions.
	12.  The Board hereby grants a variance from the provisions of section 38.2.4.3 in order to allow the Applicant to maintain the existing exit configuration from the basement and the second floor of this facility.  In granting this variance, the Board notes that the Cranston Fire Marshal's office has no objection in light of the structural hardship and limited occupancy.
	13.  The Board hereby directs the Applicant to correct deficiency 13 at the direction and to the satisfaction of the Cranston Fire Marshal's office by properly protecting the basement area in accordance with the provisions of sections 8.7 and 38.3.2.1.
	14.  The Board hereby grants the Cranston Fire Marshal's office the authority to approve a temporary certificate of occupancy if so issued by the Cranston Building Official.  The Board further grants the Cranston Fire Marshal's office the authority to provide the Applicant with sufficient time to correct the driveway and other deficiencies within this facility.  

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)].