The above-captioned case was scheduled for hearing on October 28, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu, and Filippi 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 Burlingame and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond in sequence with those of an undated fire safety inspection report compiled by the Cranston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s Office during the October 28, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the above report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board finds deficiency #1 to be informational in nature providing simply the calculation of the occupancy of the facility.
	
2. The Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to maintain a single route back to the mainland from this facility.  In granting this variance, the Board notes that there is rear means of egress on the back of the building and that it goes out away from the building and could be utilized in the event of an emergency.  Finally, this variance is granted on the basis of structural hardship in light of the original construction of this facility and its function as a yacht club. 
	
3. The Board hereby grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to maintain the interior stairway as modified herein.  The Board directs the Applicant to install an approved solid core wood door with spring loaded hinges within the interior stairway or to provide complete alternative flame spread rating over the existing door at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.  The Board further directs the Applicant to provide an approved class “A” finish throughout the egress system of this facility or to provide approved domestic sprinkler head coverage.  

The above sprinkler head coverage shall be properly engineered and shall also be drained off during the winter months when it is not in use.  With regards to the interior egress issue cited herein, the Board grants the Applicant a time variance until April 1, 2004 to bring the interior egress of this facility into compliance.  With regards to the exterior egress issues, the Board hereby grants the Applicant a time variance until September 1, 2004 to bring the exterior egress issue into compliance with the code.

4. The Board hereby directs the Applicant to correct deficiency #4 by providing the cited main entrance with approved panic hardware and providing all remaining egress doors with approved panic hardware, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office, by April 1, 2004.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
6. It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
7. During the October 28, 2003 hearing on this matter, the Applicant advised the Board that the commercial gas stove in the facility was utilized only to reheat food and not to generate grease laden vapors.  The Board hereby directs the Applicant to maintain this restriction on the above stove.  In the event the Applicant wishes to conduct commercial cooking on this stove, the Applicant shall first bring the stove into compliance with NFPA Standard 96, 1987 edition at the direction and to the satisfaction Cranston Fire Marshal’s Office before any such cooking is undertaken in this facility.
	
8. The Board hereby directs the Applicant to correct deficiency #8 by properly treating all the decorative and acoustical material within the assembly area of this facility.  During the October 28, 2003 hearing, the Applicant advised the Board that he requested to have a variance to maintain certain pennants. All of these pennants will be maintained in office space.  Accordingly, the Applicant is hereby granted a variance to maintain these pennants without additional flame spread certification.  The Board notes that the Applicant’s trophies would not cause a flame spread problem.  Finally, the Board directs the applicant to provide an approved class “A” finish on all of the interior wood of the assembly areas on or before April 1, 2004.  The Board directs the Applicant to provide an approved class “A” finish on the exterior wood finishes in the egress system on or before September 1, 2004.
	
9. It is the understanding of the Board that the Applicant has corrected deficiency #9 by providing approved house keeping within this facility.
	
10. The Board hereby directs the Applicant to correct deficiency #10 by installing an approved local fire alarm system within this facility at the direction and to the satisfaction of the Cranston Fire Alarm Superintendent, on or before April 1, 2004.  The Board further directs the Applicant to look into the installation of a master box system especially if the occupancy of this facility is maintained at higher levels.  The Board should keep this file open in the event the Applicant experiences difficulty in complying with the above provision and the Cranston Fire Marshal’s Office deems additional time necessary.

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)].