The above-captioned case was scheduled for hearing on August 27, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Pearson, Walker, Thornton, Jackson, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Randall Watt of the Little Compton Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Blackburn and Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Applicant maintains a seasonally occupied tent that is erected for no more than 180 days in accordance with the building code.  The Board finds that the Applicant proposes to maintain this temporary structure through October 31 of each year.  The Board further finds that the provisions of RIGL 23-28.19-1 specifically limit the authority having jurisdiction from licensing such a structure for more than thirty (30) days.  The Board finds that the Applicant is requesting a variance from the above provisions of the code in order to be licensed for a period of time up to 180 days each year.  The Board finds that the Applicant has agreed to comply with the remaining provisions of RIGL 23-28.19 including, but not limited to, section 23-28.19-15, outlining the detail firefighters requirements for tents. 

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of RIGL 23-28.19-1 in order to allow the Little Compton Fire Marshals Office to issue a sequence of thirty-day licenses for the subject facility covering a period of up to 180 days each year.  Accordingly, the Applicant shall be allowed to occupy this temporary structure for up to 180 days each year, in accordance with the Building Code, and in accordance with the remaining provisions of RIGL 23-28.19.  Finally, if either party has any questions as to the nature or scope of this variance, they will be free to return to the Board to present such questions.


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)].