The above-captioned case was scheduled for hearing on June 17, 2003 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Burlingame and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshal’s 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
	
Prior to the June 17, 2003 hearing on this matter, the Cranston Fire Marshal’s office issued an inspection report dated April 3, 2003.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshal’s office during the June 17, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 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.  The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain the existing swing of the cited egress door leading from this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Cranston Fire Marshal’s office has no objection.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.17-3 in order to allow the Applicant to maintain the existing width of the front lobby of this facility.  In granting this variance, the Board notes that this relief applies to the front vestibule area and that the Cranston Fire Marshal’s office has no objection in light of the Applicant’s agreement to not occupy the lower level of this facility.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to remove the second door from the salon area and to remove the pull-out door leading to the second floor and to reposition this door at the direction and to the satisfaction of the Cranston Fire Marshal’s office.  The Board further directs the Applicant to provide a “Not An Exit” sign over the basement door of this facility.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant to maintain the unenclosed boiler room of this area.  In granting this variance, the Board notes that the boiler room is protected by approved domestically supplied sprinkler heads and that the Applicant shall not otherwise occupy the basement of this facility as a condition of this variance. 
	
5.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved fire extinguishers within fifteen (15) days of the date of this decision and to further provide this facility with approved emergency lighting, exit signs and a fire alarm system at the direction and to the satisfaction of the Cranston Fire Marshal’s office within 120 days of the date of this decision.  Finally, as a condition of this variance, the Board directs the Applicant to notify the new owners of the terms and conditions of this variance and to confirm notification of the new owners with the Cranston Fire Marshal’s office.

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)].