The above-captioned case was scheduled for hearing on February 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Pearson, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Brown of the Providence Fire Marshal’s Office.  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
	
This matter was previously before the Board and a decision was rendered in file number 040023.  The above decision had a mailing date of February 25, 2004.  In the original decision, the Board granted a variance from the provisions of NFPA 101 in order to allow the Applicant to maintain cut trees at the direction and to the satisfaction of the Providence Fire Marshal’s office in the 2004 annual flower show.  The decision went on to state that the Applicant shall be allowed to maintain these cut trees within this fully sprinklered and alarmed building during the flower show.  As a condition of the variance, the Board directed the Applicant to use only fresh cut trees (cut within days of the function) and to further provide any additional safeguards deemed necessary by the Providence and State Fire Marshal’s offices.

The Applicant has returned to the Board requesting that the variance for the 2004 flower show be allowed to continue on a year-to-year basis at the direction and to the satisfaction of the Providence and State Fire Marshal’s offices.  In the absence of an objection by either office, the Board granted this relief.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant a year-to-year extension of the original variance granted in file number 040023 in order to allow the Applicant to, during each annual flower show, maintain freshly cut trees at the direction and to the satisfaction of the Providence Fire Marshal’s office.  In granting this extension of the original variance, the Board directs the Applicant to provide any additional safeguards deemed necessary by the Providence and State 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)].