The above-captioned case was scheduled for hearing on December 7, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu and Filippi 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 Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed with Chairman Farrell abstaining.

FINDINGS OF FACT
	
During the December 7, 2004 hearing on this matter, the Board was advised and finds this facility has undergone a renovation and change of occupancy from assembly to business.  The Board was further advised and finds that the building measures
approximately 3875 square feet and was fully sprinklered in accordance with NFPA 13.  The Board was further advised and finds that part of the renovation work included the installation of a combustible canopy on the front of the building.  The Board was further advised and finds that this canopy extends approximately 7 1/2 feet off the front of the structure and is of wood frame construction with a stucco covering.  The Board was further advised and finds that the Applicant has installed the canopy in order to protect the handicap access to this building.  The Board was further advised and finds that there is concrete block separation between the new canopy and the occupancy.  The Board was further advised and finds that the Cranston Fire Marshal’s Office is requiring dry sprinkler coverage of the canopy with approximately five (5) heads.  The Board was further advised and finds that the Applicant has requested time to comply with this request and authorization in order to allow the Cranston Fire Marshal’s Office to approve the issuance of a temporary certificate of occupancy for this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in which to provide the cited canopy with approved sprinkler heads at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.  The Board further maintains this file open in the event the Applicant needs additional time to comply with this directive.  The Board notes that until the expiration of the above sixty (60) day period the building shall be deemed in compliance with the State Fire Code.  In light of the above, the Cranston Fire Marshal’s Office is authorized to approve the issuance of a temporary certificate of occupancy for this currently fully compliant facility.

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)].