The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, O’Connell, Evans, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Latek of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a June 2l, 2001 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 during the August 28, 200l hearing on this matter.  Accordingly, the Board hereby incorporates the June 21, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-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.l7-l4(b) in order to allow the Applicant to provide this facility with a local fire alarm system rather than a municipally connected fire alarm system. In granting this variance, it is the understanding of the Board that the Cranston Fire Marshal’s Office has no objection in light of the limited occupancy and use of this facility.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4 in order to allow the Applicant to maintain the existing construction, configuration and rating of the cited stairways and other vertical openings within this facility.  In granting this variance, it is the understanding of the Board that the Cranston Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4 in order to allow the Applicant to maintain the existing non-labeled solid wood doors in the existing wood jambs of this facility.  In granting this variance, the Board directs the Applicant to provide the existing doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Cranston Fire Marshal’s Office prior to occupancy of this facility.

4.	The Board hereby grants a variance from the provisions of Section 23-28.17-4 in order to allow the Applicant to maintain the existing tread width and riser height and winding nature of the cited stairways within this facility.  In granting this variance, the Board directs the Applicant to install solid core doors with spring-loaded hinges on the second and third floors of this facility, at the direction and to the satisfaction of the Cranston Fire Marshal prior to occupancy and to further provide a single domestically supplied sprinkler head with back-flow protector over the furnace of this facility, at the direction and to the satisfaction of the Cranston Fire Marshal prior to occupancy.

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.

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 Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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 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.  [RIGL 42-35-l5(c)]