The above-captioned case was scheduled for hearing on August 25, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Richard, Jackson, Preiss, Blackburn, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Waterman of the Smithfield Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 25, 2009 hearing on this matter, the Board had before it an August 20, 2009 letter addressed to Chairman Coutu from the Applicant along with an August 20, 2009 letter addressed to the Applicant from Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's office.  The above August 20, 2009 letters were utilized, in part, by the Board, the Applicant and the Smithfield Fire Marshals Office during the August 25, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates both August 20, 2009 letters as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	The Board further finds that the subject facility is an airport hangar.  The Board further finds that the Applicant is working with the Hasbro Toy Company in planning a themed dinner for Wednesday, September 16, 2009.  The Board finds that the applicant is requesting authorization for a one-time change of use to assembly on September 16, 2009.
	The Board further finds that the set-up for the event will begin at approximately 9:00 am on Tuesday, September 15, 2009 and that the Applicant will be utilizing the right half of the subject facility with the 80 foot wide door to remain open.  The Board further finds that there should be approximately 350 guests at the event which will begin at 6:00 pm on September 16, 2009 and end at 9:00 pm on the same date.  The Board further finds that in the center of the hangar there will be a carpeted 60 by 30 arena in which Nerf products will be demonstrated.  The Board finds that the State Fire Marshal's office has provided the Applicant with a list of guidelines in the August 20, 2009 letter issued by Deputy State Fire Marshal Cynthia Dehler.  The Board finds that the Applicant has agreed to abide by the above guidelines and any additional guidelines deemed necessary by the fire service in order to promote the safety of this event.
	Finally, the Board finds that the Applicant has provided the Smithfield Fire Marshal's office with certifications of the materials planned to be utilized in this facility and that the Smithfield Fire Marshal's office is satisfied with the submitted documentation.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the one-time conversion of the subject facility to an assembly occupancy during the hours of 6:00 pm to 9:00 pm on Wednesday, September 16, 2009, pursuant to the following conditions.  The Board directs the applicant to work directly with the Smithfield and State Fire Marshal's offices in addressing all of the concerns outlined in the August 20, 2009 letter from the State Fire Marshal's office.  In addition, the Board directs the Applicant to provide any additional safeguards deemed necessary by either the Smithfield or State Fire Marshal's office prior to the execution of this event.

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 Applicants 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 Boards 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 Boards 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)].