This case was originally heard by the Board on October 7, 2003 in which time the Board directed an on-site visit by a subcommittee.  The on-site inspection was scheduled for and conducted on October 21, 2003 at 10:00 A.M.  The follow up hearing was conducted by the Board on October 21, 2003 at 1:00 PM. and a decision was rendered at that time.  The Applicant has now come before the Board requesting additional time to address a portion of that decision.

The above-captioned case was most recently scheduled for hearing on March 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby incorporates its original findings in its decision in file number 030240 as its initial findings of fact in this case.  The Applicant advised the Board and the Board finds that the sprinklers will be completed in the time frame originally directed by the Board.  However, the Applicant is requesting an extension of three months be granted to complete the break through corridor or to allow for the Cranston Fire Marshal Office’s to approve an alternate plan of action.  Specifically, the Board finds that in paragraph two of item #4 of the original decision in this case, the Board directed the Applicant to correct egress issues on the upper north side levels of this facility by either providing an approved emergency means of egress consisting of non-combustible platform across the north roof to an approved fire escape installed at the direction and to the satisfaction of the Cranston Fire Marshal or to provide an approved direct exit to the north east stair tower from each level of this facility at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.  The board directed compliance with this on or before November 30, 2004.  The Applicant is now requesting a three month extension from the original deadline which would direct compliance on or before March 1, 2005.  Finally, the Board finds that the smoke detection system required for this facility has been installed and further approved by the Cranston Fire Marshal’s Office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby amends paragraph two of item #4 of the October 7, 2003 addendum outlined in the originally decision of this matter to reflect a compliance date of on or before March 1, 2005.  Specifically, the Board hereby grants the Applicant a three month extension, until March 1, 2005, to complete the break through corridor or to provide an approved alternate plan of action.  The Board hereby directs that this file shall remain open in the event that the Applicant or Cranston Fire Marshal’s Office wishes to return for clarification or additional relief.

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)].