The above-captioned case was scheduled for hearing on March 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Dettore of the Cranston Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During a March 30, 2004 hearing on this matter, the Board was advised and finds that the renovation required for the ice rink will be made over the next two budget cycles of the City of Cranston.  Specifically, during budget cycle one, the 2004-2005 fiscal year, the generator will be replaced and the electrical panel will be enclosed.  The Board further finds that the facility shall only be utilized for sporting events.  In the event an event of any other type of activity is considered, notification would first be given to the Cranston Fire Marshals Office and a variance will be sought from the Board of Appeal and Review.
	The Board further finds that in budget cycle two, 2005-2006 fiscal year, the entire bleacher system shall be replaced.  Prior to the replacement of the bleachers, a color coded system, approved by the Cranston Fire Marshals Office, will be devised with the current bleachers to promote safety zones.  The system shall be approved by Cranston Fire Officials during the 2004-2005 fiscal year and shall be installed during the 2005-2006 fiscal year and shall be completed on or before June 30, 2006.  All other fire code deficiencies in this facility shall be completed on or before the above deadline.  The Board hereby maintains this as an open file in the event the Applicant has questions or requests additional relief.

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)].