The above-captioned case was scheduled for hearing on March 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson 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 a January 2004 inspection report compiled by Cranston the Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the March 30, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 2004 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants a variance from the provisions of section 7.2.2.3.6.2 in order to allow the Applicant to maintain the existing tolerance between the largest and smallest riser of the stair within this facility.  This variance is granted due to an existing condition and in the absence of an objection of the Cranston Fire Marshals 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 Marshals Office.
	3. The Board hereby directs the Applicant to correct deficiency 3 by properly swinging the cited exit door to a full ninety degrees, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	4. The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the existing ceiling lighting of this facility.  This variance is granted on basis of existing condition in the absence of an objection by the Cranston Fire Marshals Office.
	5, 6 and 7. The Board hereby directs the Applicant to correct to deficiencies 5, 6 and 7 at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	8. The Board notes that the Applicant plans to sprinkler this entire facility on or before July 1, 2005.  Accordingly, the Board hereby grants the Applicant a time variance, to correct deficiency 8, by fully sprinklering this facility on or before July 1, 2005.  It is the understanding of the Board that once this facility is sprinklered deficiency 8 shall be come moot.
	9 and 10. The Board hereby directs the Applicant to correct deficiencies 9 and 10 at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	11. During the March 30, 2004 hearing on this matter, the Board was advised that the Applicant would replace the unit located in the basement and would remove everything around it.  Accordingly, the Board hereby grants a variance from the provisions of section 9.2.1 in order to allow the Applicant not to have to separate the cited unit with a one hour enclosure but rather to remove all combustibles around the furnace at the direction and to the satisfaction of Cranston Fire Marshals Office.
	12. The Board hereby grants a variance from the provisions of section 13.3.1.2.2 in order to allow the Applicant not to provide separation of the electrical area but rather to remove all combustibles from the area of the panels at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	13. As a condition of the variances granted herein, the Board directs the Applicant to provide this entire facility with an approved NFPA 13 sprinkler system installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee on or before July 1, 2005.

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)].