The above-captioned case was originally scheduled for hearing on September 9, 2003 and postponed at the request of the Applicant.  The case was rescheduled to October 7, 2003 at which time, the Board determined that an on-site visit by a subcommittee would provide the Board with a better understanding cited deficiencies.  The on-site inspection was scheduled for, and conducted on October 21, 2003 at 10:00A.M.  A follow up hearing by the Board was scheduled for, and conducted on October 21, 2003 at 1:00 P.M.  Chairman Farrell and Commissioner Wahlberg, Preiss, Pearson, Burlingame, Coutu, Filippi and OConnell were present. The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorn of the Cranston Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of a June2, 2003 inspection  report and an October 7, 2003 addendum report complied by the Cranston Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the hearing on this matter.  Accordingly, the Board hereby incorporates the above reports 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.
	Specifically, the Board finds that this building is constructed with a Type II (000) construction.  It is used as the Cranston Police Department Headquarters.  The Board further finds that the building was completed in 1967, prior to the adoption of the 1968 Fire Safety Code.  The Board finds that the building has a mixed business and detention use.   The Board further finds that the deficiencies noted in the June 2, 2003 inspection report and an October 7, 2003 addendum report were correctly cite under the State Fire Code.  Finally, the Board finds that a Memo dated October 21, 2003, the Applicant has acknowledged the recommendations of the Cranston Fire Marshal and has further proposed a plan of action, with time tables, to bring this facility into compliance.  The above proposed plan of action was also reviewed by the Board, the Applicant and the Cranston Fire Marshal during the October 21, 2003 hearing on this matter.  
	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 23-28.0-4(3) of the Rhode Island Laws.

CONCLUSIONS AND VARIANCE REQUESTS

The initial June 2, 2003 Report

1.	The Board finds item one to be informational in nature and not a deficiency.
2.	During the October 21, 2003 hearing on this matter, the Board was advised that the Applicant shall correct deficiency two by sprinkling this entire facility, in accordance with the provisions of NFPA 13, at the direction and to the satisfaction of the Cranston Fire Marshals Office on or before November 30, 2004.  As part of this sprinkler plan, the Applicant shall upgrade the fire alarm system with new approved sprinkler flow switches installed at the direction and to the satisfaction of the Cranston Fire Marshals Office. Accordingly, the Board hereby directs the Applicant to provide this facility with the above sprinkler coverage and approved sprinkler flow switches, on or before November 30, 2004.  
During the October 21, 2003 hearing, the Applicant advised the Board that the City may consider the option of securing a new compliant facility to house the police department.  In light of the above, the Board shall hold this file open through February 2004 in order to allow the Applicant to return with the Cranston Fire Marshal, on or before that time, and present such an alternative plan of action for compliance.  
3.	During the October 21, 2003 hearing, the Applicant advised the Board that the City would correct deficiency three by providing a pass door in the overhead door, directly to the outside, from the cell block transportation area in the north east corner of this facility and by further providing approved access to the northeast stair tower from the womans cell block area.  The access door from the womens cell block area, the pass door through the transportation area, and the pass door in the overhead door shall be allowed to be opened with a master key contained in lock boxes at the above three egress locations installed at the direction and to the satisfaction of the Cranston Fire Marshals Office.  Finally, the Cranston Fire Marshals Office has suggested that the Board not require the cell doors to automatically release.  In light of the above safeguards, the proposed sprinkler coverage and the continuous redundant monitoring of the cell block by the police department, the Board hereby shall not require the cell doors to automatically release.
4.	The Board hereby grants a variance from the provisions of section 15.3.8.1 in order to allow the existing cell-to-cell separation not to be smoke-tight due to existing construction constraints.  This variance is further based upon the Applicants agreement to fully sprinkler this facility and provide the alternative egress arrangement outline in item three above. 
5.	The Board hereby grants a variance in order to allow the existing room face to corridor separation to maintain its existing rating in light of the Applicants agreement to provide this facility with full sprinkler coverage.
6.	The Board hereby grants a variance in order to allow the existing room face to maintain the existing opening with full sprinkler coverage.

Note:  The remainder of the original report has been superseded by the October 7, 2003 ADDENDUM complied by the Cranston Fire Marshals Office.  The numbers listed in the remainder of this Decision correspond in sequence with the deficiencies listed in the October 7, 2003 Addendum.

The October 7, 2003 Addendum
1.	The Board hereby grants a variance from the provisions of sections 27-2.4.2, 27-2.5.2, 27-3.1.1, and their referenced standards in order to allow the Applicant to maintain the current construction, configuration, dimensions, limited enclosure and rating of the main stair tower, and the egress passage way leading thereto, conditioned upon the Applicants providing this facility with approved sprinkler and upgrade fire alarm coverage by November 30, 2004.  As a further condition of this variance, the Board hereby directs the Applicant to correct the reminder of this deficiency by providing for the automatic release of all doors leading to the three stairs towers of the egress system of this facility upon activation of the fire alarm system.  The automatic release devices, connected to the fire alarm system and mandated by section 23.1.2.2.1, shall be installed at the direction and to the satisfaction of the Cranston Fire Marshals Office on or before November 30, 2004.
2.	The Board notes that deficiency two, regarding the separation of the business occupancy, is informational in nature and that the Applicants compliance with the Decision herein would render the separation issue moot.
3.	The Board notes that the Applicant has agreed to provide this facility with full sprinkler coverage.  Accordingly, once this facility is so upgraded, the deficiency cited under table 23.1.6.5 would be consider moot.
4.	As a condition of the structural and time variances granted herein the Board directs the Applicant to extend the block walls of the southeast and northeast egress stairwells to the roof deck, or to seal off the above stairwells with approved two hour rating ceiling assemblies, at the direction and to the satisfaction of the Cranston Fire Marshals Office, on or before November 7, 2004.  The Board further directs the Applicant to maintain both sides of the exit discharges from the above stair towers level with the discharge thresholds and to further provide the exterior landing and any stairs with an approved railing at the direction and to the satisfaction of the Cranston Fire Marshals Office, on or before November 30, 2004.
The Board hereby directs the Applicant to correct the egress issues on the upper north side levels of this facility by either providing an approved emergency means of egress consisting of a non-combustible platform across the north roof to an approved fire escape stair installed at the direction and to the satisfaction of the Cranston  Fire Marshals Office, or to provide and approved direct to the north east stair tower from each level of this facility at the direction and satisfaction of the Cranston Fire Marshals Office.  In any event, the Applicant correct this deficiency, by utilizing one of these options, at the direction and to the satisfaction of the Cranston Fire Marshals Office, on or before November 30, 2004.
As a further condition of the variances granted herein, the Board hereby directs the Applicant to work with the Cranston Fire Marshals Office to post a maximum occupancy for the lower courtroom on the lower level of this facility and to develop a plan to assuring that this occupancy level is not exceeded at any time.  
The Board further directs the Applicant to work with the Cranston Fire Marshal and develop a policy for the emergency evacuation of this facility.  The Board hereby grants a variance to allow the Applicant to maintain the existing swing of the doors leading into, and from the egress of this facility.  This variance is based on structural hardship and the fact that the re-swinging of some of these doors could obstruct the egress system.  
As an interim measure, the Board directs the Applicant to provide the means of egress with approved interconnected smoke detection installed at the direction and to the satisfaction of the Cranston Fire Marshals Office within ninety (90) days of the date of this Decision.
The Board further directs the Applicant to immediately remove all storage from the egress system and to maintain the egress system completely free of all obstructions.  Finally, the Board directs the Applicant to provide and maintain an approved pull station in the dispatch room to provide the dispatcher with a means to immediately activate the fire alarm system in this facility.  The above pull station shall be installed at the direction and to the satisfaction of the Cranston Fire Marshals Office.
5.	The Board hereby approves the Applicants October 21, 2003, proposed timetable for compliance with the major components of the Boards Decision, as modified by the Board, as follows:
1.	Preparation of bid specifications to be used for the two projects
(30 Days)

2.	Review of the proposed financial outlay required for the two projects by the Cranston Finance Review Board

3.	Submission of the RFP for the two projects (20 Days)
4.	Installation of interconnected smoke detectors covering the entire egress system.
(90 Days)
		
5.	Opening of the bids by the Board of contract Review and Purchase.
(15 Days)
		
6.	Award of Bids
(5 Days)

7.	Submission of Plans to the Fire Marshal
(30 to 60 Days)
		
8.	Approval of Plans and Completion of the Project
(6 Months  but no later than November 30, 2004)

	The above time limits, with the exception of item 8, may be complete on or before November 30, 2004.  Finally, as outlined above, if the Applicant secures a new facility to house the police department and wishes to have the Board reconsider the Decision above, the Applicant may so return to the Board before the end of February, 2004 and present the Board with this alternative plan of action. 

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)].