The above-captioned case was re-scheduled for hearing on August 5, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Filippi, OConnell and Coutu were present.  The case had previously been before the Board and a decision was rendered on March 26, 2003.  The Applicant has returned to the Board requesting additional time to complete the installation of sprinklers at his facility.  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 Burlingame and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby relies on its original findings of fact as outlined in its March 26, 2003 decision in file number 030040.  In addition, the Board finds that the fire alarm system of this facility has been completed however, it does not contain an automatic shut-down capability.  The Board was further advised and finds that the rear walkway needs to be provided with an approved surface and to be further gated from the patio area at the direction and to the satisfaction of the Cranston Fire Marshals office.  The new exit in the rear of the building must be maintained with a proper path out of the building.  Finally, the Board finds that the Applicant has requested additional time in order to provide this facility with full sprinkler coverage.  The Applicant has agreed to provide the Cranston Fire Marshals office with updated sprinkler plans within one week of the August 5, 2003 hearing and to complete the project within ten to twelve weeks of approval of the plans.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.  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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct the fire alarm system of this facility by providing it with the capacity to immediately shut down all conflicting sounds upon its activation, within fifteen days of the date of this hearing.
	2.  The Board hereby directs the Applicant to provide an approved surface in the rear walkway and to provide a gate from the patio area, at the direction and to the satisfaction of the Cranston Fire Marshals office within sixty days of the date of this hearing.  Specifically, the Board directs the Applicant to properly maintain the new exit in the rear with an approved path from the building.  
	3.  The Board hereby grants the Applicant a time variance of ninety days from the date of this hearing in order to provide this facility with approved sprinkler coverage, installed at the direction and to the satisfaction of  the Cranston Fire Marshals office.  The Board hereby further directs the Applicant to provide one firefighter on Wednesday night and to continue the two firefighters on duty on the remaining weekend nights until the sprinkler system is fully installed to the satisfaction of the Cranston Fire Marshals 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)].