The above-captioned case was scheduled for hearing on September 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Burlingame, Newbrook, Preiss, Filippi and OConnell were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Burlingame.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 11, 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 13, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 11, 205 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved master fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by bringing the cited cooking equipment in this facility into compliance with the code in the event commercial cooking is done on the premises.
	4.  During the September 13, 2005 hearing on this matter, the Board was advised that the basement level of this facility is utilized for Church related functions several times during the year.  The Board further notes that the General Assembly has provided all places of worship with exemptions from sprinkler coverage.  In light of the above, and the limited use of this facility, the Board hereby grants a variance from the provisions of section 13.1.2 and its referenced standards in order to allow the Applicant not to provide sprinkler coverage in the limited use basement of this facility.  As a condition of this variance, the Board hereby directs the Applicant to work out a plan of action with the Cranston Fire Marshal's office to ensure that the limited use of the basement area of this facility shall be conducted in a safe manner.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by removing and/or treating the cited curtains 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)].