The above-captioned case was scheduled for hearing on September 18, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Walker, Pearson, Richard and Jasparro 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 Blackburn and seconded by Commissioners Preiss and Richard 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 an April 27, 2005 inspection 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 September 18, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 2005 inspection 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, 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 the 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 
	1-14.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to prepare and submit plans to the Cranston Fire Marshal's office for the correction of any outstanding deficiencies in the April 27, 2005 inspection report.  The Board further grants the Applicant an additional 120 days after the completion of the above thirty (30) days in order to make all final corrections to this facility.  Finally, the Board hereby authorizes the Cranston Fire Marshal to extend the above deadline for any unforeseen circumstances provided the Applicant is proceeding in good faith in the opinion of the Cranston Fire Marshal.

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)].