The above-captioned case was originally scheduled for hearing on July 11, 2006 and the Applicant was thereupon directed to return to the Board with a plan of action addressing the basement of this facility.  The Applicant returned and the above captioned case was thereupon re-scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss and Pearson 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 Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that this is a one-story Class B mercantile facility approximately 3,500 square feet in area.  The Board further finds that the facility contains a full basement used for combustible storage and for boilers.  The Board further finds that there is one (1) exit in the front and one (1) exit in the rear of this facility.  The Board finds that all of the fire safety deficiencies, with the exception of basement separation, have been corrected by the Applicant.  The Board further finds that the store maintains a local fire alarm system.  In order to address the combustible separation of the basement, the Board has been advised that the Applicant shall provide the basement with an approved rated fire barrier installed at the direction and to the satisfaction of the Cranston Fire Marshal's office.
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 divide the basement with an approved rated fire barrier, consisting of double 5/8 inch sheetrock on both sides, installed 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 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)].