The above-captioned case was scheduled for hearing on March 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Filippi, Walker, Preiss, Jasparro, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Timothy Lutz and Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 28, 2009 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 2, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the October 28, 2009 inspection report 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. 
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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by securing a permit for the erection of a tent from the Providence Fire Marshal's office in accordance with the standards and guidelines established by that office.
	2.  During the March 2, 2010 hearing on this matter, the Board was advised that the Applicant plans to erect a tent for seasonal use, to be located on the second floor of a building with the construction classification of type III (200) ordinary construction.  The Board was further advised that the subject tent would be maintained between May 1 and October 1 at which time it would be removed for the season.  The Board was further advised that the tent would be located ten feet (10') away from the building and that the tent's size would be 30'x35'.  The parties agreed that the occupancy of the tent would be limited to 150 people with no nightclub type use.  The Applicant shall provide the Providence Fire Marshal's office with a letter to this effect.  The parties further agreed to provide dry sidewall sprinkler coverage from the existing building to protect the egress from the tent.  Finally, in the event the Applicant wished to temporarily expand the occupancy of this tent, the Applicant would immediately notify the Providence Fire Marshal and comply with any additional safeguards deemed necessary by that office for the temporary increase in occupancy.
	In light of the above, and conditioned upon the same, the Board hereby grants a variance from the provisions of section 13.1.6 in order to allow the Applicant to maintain the above described tent on the second level of this building with the above outlined safeguards in place, at the direction and to the satisfaction of the Providence 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 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)].