The above-captioned case was scheduled for hearing on October 5, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Filippi, and Coutu were present.  The Board was advised by the subcommittee originally reviewing this case that the Cranston Fire Marshal’s Office had objection to the Applicant’s request for relief from the headroom requirement.  Accordingly, a motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the Applicant has created a temporary special amusement facility in the gymnasium at the Rejoice in Hope Youth Center at 804 Dyer Avenue in Cranston.  The Board further finds that the Applicant’s customers exit the building through a staircase in the rear.  The Board further finds that the stairwell has a clearance of thirteen (13)  feet at its maximum and six (6) feet at its minimum.  The Board further finds that its minimum clearance exists only over one step due to a structural supporting beam.  The Board further finds that the Applicant has requested relief from the provisions of section 7.2.2.2.1 (b) of the Rhode Island Life Safety Code in order to allow passage under the beam to be less than six (6) feet eight (8) inches.  Finally, the Board finds that the Cranston Fire Marshal’s office has no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the above, the Board hereby grants a variance from the provisions of Rhode Island Life Safety Code 7.2.2.2.1 (b) in order to allow the Applicant to maintain headroom in the cited rear stair at less than six (6) feet eight (8) inches over the one step under a structural support beam.  In granting this variance, it is the understanding of the Board that the Cranston Fire Marshal’s Office has no objection in light of structural hardship.

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)].