The above-captioned case was scheduled for hearing on July 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Martin and Woodard of the Bristol Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook and Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 8, 2008 hearing on this matter, the Board had before it a December 27, 2007 inspection report compiled by the Bristol Fire Marshal's office.  The above report was utilized by the Board, the Applicant and the Bristol Fire Marshals Office during the July 8, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the above report as its initial findings of fact.  Specifically, the Board finds that the Bristol Fire Marshal's office inspected what it considered to be a tent-like structure on the Applicants premises and the Bristol Fire Marshal's office further directed the Applicant to comply with providing certification of flame resistance of this structure in accordance with the Rhode Island Uniform Fire Code sections 25.2.2.1, 25.2.2.2 and 25.2.2.3 and their referenced standards.  However, during the hearing, the Board was advised by Commissioner Blackburn that the subject structure appears to be a permanent membrane structure which is reviewed under a separate standard of NFPA.  Accordingly, the Boards relief would allow the structure to be properly reviewed under the requirements for a permanent membrane structure.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby classifies the subject structure as a permanent membrane structure under the provisions of NFPA 101 and would further direct review of this structure to be under those standards as opposed to the standards covering tents.

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)].