The above-captioned case was scheduled for hearing on August 21, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Walker, Blackburn, Jasparro, Richard, Jackson, Preiss, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 21, 2007 hearing on this matter, the Board was advised and finds that the Providence Fire Marshal's office noted a tent located at 114 Spruce Street on March 23, 2007.  The Providence Fire Marshal's office was further advised that the tent did not have a permit and that two (2) propane tanks were within the tent.  The Board was further advised and finds that the owner was notified of the situation and removed the tanks from under the tent.  The Board was further advised and finds that the owner was contacted on April 11 concerning the tent and that the owner said he would apply for a permit for the tent.  The Board was further advised and finds that the Providence Fire Department was disapproving the tent in that it was in violation of the codes.  Specifically, the Providence Fire Marshal's office noted that tents shall be erected to cover no more than seventy-five percent (75) of the premises unless otherwise approved by the authority having jurisdiction.  Accordingly, the Board was advised by the Providence Fire Marshal's office that the Applicant is seeking a variance from the Board in order to be allowed to maintain the existing tent and that the Providence Fire Marshal's office had no objection.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicants requested variance to maintain the cited tent at 114 Spruce Street in Providence, at the direction and to the satisfaction of the Providence Fire Marshal in conjunction with any safeguards deemed necessary by that 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)].