The above-captioned case was scheduled for hearing on June 22, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook and Filippi 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 Wahlberg and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 22, 2004 hearing on this matter, the Board was advised and finds that the Applicant is seeking relief from the provisions of section 18.2.2.5.1. 1 of NFPA 1.  Specifically, this requires that fire department access roads shall have an unobstructed width of not less than 20 feet and unobstructed vertical clearance of not less than 13 feet.  The Applicant is requesting relief in order to provide a 20 foot wide access road around the south and east side of building and a 16 foot wide access road around the north side of the building. The Cranston Fire Department had no objection to the requested reduction.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a variance from the provisions of NFPA 1 section 18.2.2.5.1.1 in order to allow the Applicant to maintain a 16 foot wide access road around the north side of this facility.  In granting this variance, the Board notes that there will still be a 20 foot wide access road around the south and east sides of the building.  Further, as a condition of this variance, the Applicant is directed to provide 24 foot curb cuts at the entrances to the access roads.  In light of the above, it is the understanding that the Cranston Fire Marshal Office’s has no objection.

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)].