The above-captioned case was originally scheduled for hearing on February 24, 2004 and rescheduled for review on March 30, 2004.  During the March 30, 2004 hearing on this matter, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Dettore of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner O’Connell and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The Board hereby adopts the October 15, 2003 building description compiled by the Cranston Fire Marshal’s Office as its initial findings of fact in this case.  By letter dated March 4, 2004, the Applicant has clarified the original testimony in this case and the Board accepts this clarification.  The Board was further advised and finds that all of the repairs at the stadium can be done within the 2004-2005 budget cycle commencing on July 1, 2004 and concluding on June 30, 2005.  The Board was further advised and finds that sprinklers shall be installed throughout this building within the first 120 days of the above budget cycle.  The Board was further advised and finds that emergency lighting outside and around the small building in the yard will be installed within the above budget cycle.  In light of the fact that the stadium is municipally alarmed, the Applicant has requested that, during the off season, the city be allowed to use this facility.  Specifically, band practice and other athletic practice activities would take place outside of the building.  The use would be restricted to outside bleachers and the patrons would be told to utilize restrooms found outside of the building.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs that all deficiencies within this facility shall be corrected at the direction and to the satisfaction of the Cranston Fire Marshal within the 2004-2005 fiscal year.  Specifically, with the exception of sprinkler coverage, all the deficiencies in this facility shall be corrected on or before June 30, 2005.  With regard to sprinkler coverage, the Board directs the Applicant to install the above coverage within the first 120 days of the 2004-2005 fiscal year.  Specifically, sprinklers shall be installed on or before November 1, 2004.  During this period of upgrading of the facility, the Applicant shall be allowed to continue to store vehicles in the building and allow for off season use of the bleachers of this building for band practice and other such activities.  However, this use will be restricted to outside bleachers and patrons shall be advised to use restrooms found outside of the building.  The Board shall maintain this as an open file until all corrections have been made by the Applicant.

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)].