The above-captioned case was scheduled for hearing on July 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi and O’Connnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Wahlberg 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 March 16, 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 July 27, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 16, 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 the Applicant a time variance of 120 days from the date of this decision in order to provide emergency lighting that does cover the exit discharge of this facility.
	
2. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved fire department access key boxes at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
3. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to remove the storage under the stairs and to maintain this area storage free at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
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 13.8.7.1.  The Board hereby grants a variance of 120 days from the date of this decision in order to allow the Applicant time to provide this facility with the above fire alarm system.
	
5. In light of the Applicant’s agreement to provide this facility with an approved fire alarm system, the Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the existing glass doors leading into the stairways of this facility.  In granting this variance, the Board directs the Applicant to equip the above doors with approved spring hinges or other approved self-closures at the direction and to the satisfaction of the Cranston Fire Marshal and to further provide the doors with an approved intumescent gasket to seal the doors to make them smoke tight in the event of fire. In the light of the above, the Board hereby grants the Applicant a time variance of 120 days to research the various products necessary to bring the door into compliance and to correct this deficiency, as outlined above by utilizing an intumescent gasket or by returning to the Board with an approved 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 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)].