The above-captioned case was scheduled for hearing on October 28, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Evans, Coutu and Filippi were present.  Chairman Farrell recused himself from consideration of this case.  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 Newbrook and seconded by Commissioner Filippi. The motion passed over the opposition vote of Commissioner Coutu and Chairman Farrell abstaining as outlined above.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a March 19, 2003 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 March 19, 2003 inspection 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 through 4. It is the understanding of the Board that the Applicant shall correct deficiency #1, 2, 3 and 4 at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.
	
5. The Board hereby grants a variance from the provisions of section 23-28.16-9 and 23-28.16-14 in order to allow the Applicant to seal off the breaches in the existing fire walls with approved spec shield UL approved pillows, at the direction and to the satisfaction of the Cranston Fire Marshal.  In addition that Applicant is directed to provide an approved double 5/8 inch sheet rock shield on the ceiling extending four (4) feet out from the fire wall on each side, or to fully sprinkler this building.  The Board hereby grants the Applicant a time period of 120 days from the date of this decision in order to either comply with the sprinkler provision of this code or to correct the deficiency in the fire wall system by providing approved “spec seal pillows” in all of the fire wall voids and to further extend the wall four (4) feet on each side across the ceiling by providing double 5/8 inch sheet rock shielding on the ceiling extending from the fire wall.  In granting this variance, it is the understanding of the Board that the spec seal pillows will be installed in accordance with system number W-J-4021 to provide a two (2) hour rating.  Finally, the Board notes that this is a retrofit situation and not part of a newly constructed fire wall proposal.

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)].