The above-captioned case was scheduled for hearing on January 25, 2005, at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Filippi and Burlingame were present.  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
	
During the January 25, 2005, hearing on this matter, the Board was advised that the Applicant sought relief to remove the existing curtains from the arches within this facility and to provide two (2) treated posters on each side of the archway maintaining at least a thirty six (36) inch opening.  The Board was further advised that the Applicant sought to place additional treated posters on the windows and over other areas on the second floor.  The Board was further advised that the Applicant plans to install the posters sporadically on the walls but that the fully treated posters would not cover the exits.  Finally, the Board was advised and finds that the vendors in this facility would be directed to comply with the code at the direction and to the satisfaction of the Cranston Fire Marshal’s Office.   

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The board hereby grants a variance in order to allow the Applicant to remove the archway curtains within this facility and to provide two (2) treated posters on each side of the archway maintaining a thirty six (36) inch opening.  The Board further grants a variance in order to allow the Applicant to provide fire treated posters on the windows and over other areas of the second floor without covering the exits within this facility.  Finally, the Board notes that all of the posters within this facility shall be treated and certified flame resistant and that all vendors will also be required to comply with the fire code at the direction and to the satisfaction of 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)].