The above captioned case was scheduled for hearing on June 11, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Preiss and Richard were present.  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 Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the June 11, 2002 hearing on this matter, the parties reviewed an outline for the Board of Appeal and Review covering this facility prepared by Timothy A. Hawthorne of the Cranston Fire Prevention Bureau.  The following findings of the Board are drawn from the above outline as modified during the June 11, 2002 hearing on this matter.
	The Board hereby finds that this facility is utilized for the selling and repairing of automobiles and commercial trucks up to one (1) ton in size.  The footprint of the facility is measured at 54,440 square feet.  The building is designed to be composed of two (2) smaller building separated by a three- (3) hour firewall.  The firewall is accomplished through the use of steel rolling fire grates manufactured by the OVERHEAD DOOR COMPANY.  The rolling grates have been rated by UL and FM as a three- (3) hour fire rated assembly.  In order to provide two- (2) hour fire separation around the vehicle service areas and parts of the storage areas, similar doors with UL and FM ratings of two (2) hours have been installed in those walls throughout the buildings.  Finally, the Board finds that all of the above doors are activated by approved fusible links.
	During an initial inspection of this facility, the Cranston Fire Marshals Office noted that of the sixteen (16) rolling fire shutters installed in this facility, only one (1) was installed in accordance with the requirements of both FM and UL.  At that time, on each of the other fifteen (15) doors, the fusible link had been covered by two (2) layers, and in some cases, four (4) layers of 5/8 inch sheet rock.  The Board finds that the covering of fusible links by such fire rated materials would effectively destroy their ability to properly function and release the cited rolling shutters.  The Boards finding is actually a confirmation of a determination of an Agent of Factory Mutual who indicated that the doors, as installed, would not maintain the rating provided originally by Factory Mutual.  At that time, the Applicants representative was advised by the Cranston Fire Marshals Office that the only alternatives available to him were to either expose the fusible link on both sides of the wall where applicable or to install smoke detectors to activate the roll down fire shutters.
	The Board further finds that during the subsequent months, the Applicant and the Cranston Fire Marshals Office met in order to address this situation to the satisfaction of all parties.  The Cranston Fire Marshal further advised the Board that the Applicant sought the State Fire Marshals guidance in this situation.  On or about May 23, 2002, the Chief Deputy State Fire Marshal advised the Cranston Fire Marshal that he felt the requirements of the State Fire Prevention Code have not been met and that the alternatives for the situations would be:  1.) Install fusible links.  2.) Install smoke detectors to activate the fire drills.  3.) Apply for a variance from the Fire Board of Appeal and Review.  The Applicant thereupon applied for review by the Board and specifically requested that the Board approved a temporary certificate of occupancy for ninety (90) days in order to move inventory into this facility and prepare it for a grand opening
	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 authorizes the Cranston Fire Marshals Office to allow the Applicant to temporarily occupy this facility for a period of ninety (90) days from the date of this Decision.  During the above time, the applicant is directed to either correct this deficiency by exposing the fusible links in accordance with manufacturer specifications, install smoke detectors to activate the fire doors in accordance with the manufacturers specifications and UL and FM design standards or to provide the Board with either Factory Mutual or Underwriters Laboratory approval of a specific alternate design assembly for the fusible links on the fire shutters.  In any event, the Board directs the Applicant to make the fire shutters fully operational in accordance with one of the above options within ninety (90) days from the date of this Decision.
2.	The Board hereby grants a variance in order to allow the Applicant to place the sprinkler risers on the opposite side of the wall inside of the closet room of this facility.  In granting this variance, the Board directs that the fan and heater servicing this area would not be shut off and that this area shall not be utilized for the storage of oils.  It is the understanding of the Board that, in light of the above conditions, the Cranston Fire Marshals Office has no objection.
3.	During the June 11, 2002 hearing on this matter, a question arose as to the application of Section 23-28.25-5(k) of the fire alarm code to the fire shutters of this facility.  The Board notes that the above-cited section refers to smoke and fire doors as opposed to fire shutters.  Accordingly, it was not the intention of the Board to include rolling fire grills or shutters installed in rated fire walls to automatically close upon activation of the fire alarm system.
	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.  
	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.   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.  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.  
	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)].