The above-captioned case was scheduled for hearing on March 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi and OConnell were present.    The Cranston Fire Marshals Office did not appear at this hearing.  However, by letter dated December 7, 2004, the Cranston Fire Marshals Office advised the Board of the status of this facility.  The Board was subsequently advised that the Cranston Fire Marshals Office would abide by any decision reached by the Board on the issues presented.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Farrell abstaining.

FINDINGS OF FACT
	It is the understanding and finding of the Board that the property located at 481 Atwood Avenue has undergone renovation and change of occupancy from assembly to business.  It is the further understanding of the Board that the lower level of this facility is an industrial occupancy where upholstery operations are conducted.  It is the further understanding of the Board that the building measures approximately three thousand eight hundred seventy-five (3,875) square feet and that the building is fully sprinklered in accordance with NFPA 13.
	At issue before the Board is the recent addition of a combustible canopy on the front of the building.  The Board finds that this canopy extends seven and one half feet off the front of the structure and is of wood frame construction with stucco-type covering.  The Board further finds that the canopy has been attached to a non-combustible block wall and that the Applicant has maintained effective separation between the canopy and the remainder of this structure.  The Applicant has requested relief in order to be allowed not to provide sprinkler coverage in the canopy and to further be allowed a temporary certificate of occupancy for this facility.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant not to provide sprinkler coverage in the canopy which is attached to the non-combustible block wall of this facility.  This variance is based upon past similar variances of the Board and the fact that the canopy does not directly communicate with the remainder of the building.  In this case, there is a block wall separating the two.
2.	The Board hereby grants the Cranston Fire Marshals Office the authority to approve the issuance of a temporary certificate of occupancy for this facility.

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)].