The above-captioned cases were previously reviewed by the Board on September 19, 2006 and written decisions were issued on January 8, 2007.  The original decisions provided the Applicant with certain variances in light of the fact that the Applicant did not plan to provide this facility with electricity and plans to provide a very limited public occupancy of the facility.  However, by letter dated by January 11, 2007, the Applicant advised the Board that the facility would be provided with electricity and that the Cranston Fire Marshal and the applicant had developed a plan of action for the upgrading of the fire protection within this facility.  The Applicants plan of action was reviewed by the Board during a hearing scheduled for February 27, 2007 at 1:00 PM.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Priess, Filippi, OConnell and Pearson 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 Vice Chairman Burlingame and seconded by Commissioner Richard to approve the plan of action submitted by the Applicant as outlined herein.  The motion was unanimous.


FINDINGS OF FACT
The Board hereby incorporates its original findings of fact in file numbers 060774 and 060806 as its initial findings of fact in this case.  In addition the Board hereby incorporates a January 11, 2007 letter from the Applicant outlining the plan of action developed by the Applicant and the Cranston Fire Marshals Office.  The Board finds that the Applicants plan of action calls for the installation of a fire alarm system during 2007.  The Board further finds that the plan of action called for the installation of a sprinkler system during 2008.  Finally the Board finds that the third segment of the Applicants plan of action would be the connection of the sprinkler system to a suitable water supply during 2009.  It is the understanding of the Board that all other fire code deficiencies within this facility had been corrected by the Applicant.
	Any deficiency understood by the Board to be 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 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 adopts the Applicants January 11, 2007 plan of action as modified herein.  The Board hereby grants the Applicant a time variance until December 31, 2007 for the Applicant to provide this entire facility with an approved fire alarm system installed at the direction and to the satisfaction of the Cranston Fire Marshals Office or designee.  Additionally, the Board hereby grans a second time variance until December 31, 2008 to allow the Applicant to install all of the necessary sprinkler piping throughout this entire complex at the direction and to the satisfaction of the Cranston Fire Marshals Office.  Finally, the Board hereby grants a time variance until December 31, 2009 in order to allow the Applicant to provide the above installed sprinkler piping with a connection to a suitable water supply at the direction and to the satisfaction of the Cranston Fire Marshals 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)].