The above-captioned case was scheduled for hearing on November 14, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Coutu, Pearson, Fang and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Doug Wilcox of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with member Wahlberg abstaining.

FINDINGS OF FACT
	
During the November 14, 2000 hearing on this matter, the Board was advised that the Applicant had brought this facility into full compliance with the state fire code.  In order to fall within the exception of the sprinkler requirement for this building, the Applicant advised the Cranston Fire Marshal that this facility would be place of worship, the occupancy would be less than 300 people, and that the Applicant would provide fixed seating if necessary. The Applicant is now requesting a variance from life safety code section 8-3.5.1, exception one, in order to be granted the above sprinkler relief without maintaining fixed seating in this facility.  
	
As a condition of the requested variance, the Applicant has advised the Board that the auditorium will be used for educational and religious services and/or weddings only.  The Board was further advised that the Applicant shall maintain a maximum occupancy of the auditorium at 225 people with the total building occupancy of 275 people.  The Applicant has further agreed that there shall be no dances, suppers, concerts, bingo, daycare etc. held in the building at anytime.  There would be no other activity where seats would be removed from the auditorium except for cleaning and maintenance.  In light of the above, the Cranston Fire Marshal had no objection to the requested relief.
	
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 8-3.5.1 in order to allow the Applicant to maintain this non-sprinkler Place of Assembly, without fixed seating, in accordance with the following conditions.  In granting this variance, the Board directs that the auditorium will only be used for educational and religious services and/or weddings.  The Board further directs that the Applicant shall maintain a maximum occupancy of the auditorium at 225 people with the total building occupancy of 275 people.  The Board further directs that there shall be no dances, suppers, concerts, bingo, daycare etc. held in the building at anytime.  Finally, the Board directs that there will be no other activity where seats would be removed from the auditorium except for cleaning and maintenance.  In granting this variance, is the understanding of the Board that the Cranston Fire Marshal has no objection to the requested 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 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)].