The above-captioned case was scheduled for hearing on January 30, 2007 at 1:00 P.M.  At that time, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Anthony DiGiulio of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 30, 2007 hearing on this matter, the Board had before it a January 21, 2007 letter to the Providence Fire Marshal from the Applicant.  The letter was referenced by the Board, the Applicant and the Providence Fire Marshal.  Accordingly, the Board hereby incorporates the January 21, 2007 letter as its initial findings of fact.
	In addition to the above findings, the Board further finds that this is the fourth year that the facility has been authorized to conduct a Winter Bash event as part of the Applicants fund-raising efforts.  The Board was further advised that the Providence Fire Marshal had worked closely with the Applicant and that the Applicant had made all of the corrections deemed necessary to this facility by the Providence Fire Marshal's office.  The Board was further advised and finds that throughout the period this facility would be maintained as a temporary assembly occupancy, the Applicant would maintain an approved firefighter detail, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further finds that the State Fire Marshal is currently scheduled to attend the Applicants function.  Finally, it is the understanding of the Board that the Providence Fire Marshal's office has no objection to the requested temporary assembly occupancy of this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Providence Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy for a one-day assembly event (a Winter Bash) in the subject facility on February 10, 2007.  In granting this variance, it is the understanding of the Board that the Applicant shall maintain this assembly occupancy between the hours of 8:00 and 12:00 on February 10, 2007.  It is the further understanding and direction of the Board that a firefighter detail shall be assigned to this temporary assembly occupancy and that the Providence Fire Marshal's office has no objection.

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)].