The above-captioned case was scheduled for hearing on May 6, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Walker, Jackson, Blackburn, Preiss, Jasparro, Pearson, Richard and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn 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 October 20, 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 May 6, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the October 20, 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.  During the May 6, 2008 hearing on this matter, the Board was advised that this is a 2008 square foot, one level wooden structure with a 552 square foot basement.  The Board was further advised that there are rarely more than 25 to 30 people in this facility, that there is no commercial cooking, and that it is a social club.  Upon review of this situation with the Cranston Fire Marshal's office, it is the understanding of the Board that the Cranston Fire Marshal would have no objection to posting this facilitys occupant load at forty-nine (49) people and utilizing hard-wired smoke detectors in lieu of a fire alarm system.  Accordingly, the Board hereby grants a variance from the provisions of section 13.3.4.1 in order to allow the Applicant to provide this facility with approved hard wired smoke detection in lieu of fire alarm coverage, at the direction and to the satisfaction of the Cranston Fire Marshal's office, conditioned upon the Cranston Fire Marshal's office posting and maintaining the occupancy of this facility at 49 or fewer people.
	2-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4 and 5 at the direction and to the satisfaction of the Cranston Fire Marshal's 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)].