The above-captioned case was scheduled for hearing on September 18, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Preiss, Blackburn, Walker, Pearson, Richard and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshals E. Craig Beausoleil and Brian Gartland of the North Smithfield Fire Marshals Office and Deputy State Fire Marshals David Hart and Wade Palazini of the State Fire Marshal's Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.
FINDINGS OF FACT
	During the September 18, 2007 hearing on this matter, the Board was advised and finds that the State Fire Marshal's office has produced an April 3, 2007 inspection report that describes the subject facility and outlines the deficiencies therein.  Accordingly, the Board hereby incorporates the April 3, 2007 inspection report as its initial findings of fact in this case.  The Board further finds that the Applicant had requested an expedited hearing because he wished to conduct an indoor Halloween event and does not currently have a sprinkler system in place.  Accordingly, the Board finds that the Applicant needed initial relief in order to conduct the Halloween event, and then time to develop a plan of action for the correction of the remaining deficiencies within this facility.  Finally, the Board noted that it may be necessary to conduct an on-site inspection of this facility if the parties ran into difficulties.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby authorizes the Applicant to conduct a Halloween event in this facility during the month of October 2007.  As a condition of this relief, the Board directs the Applicant to provide an approved fire watch detail as determined by the State and North Smithfield Fire Marshal's offices during the Friday, Saturday and Sundays that this Halloween event will take place.
	2.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to design a plan of action for the correction of the deficiencies within this facility.  The plan of action should also include any request for variances deemed necessary by the parties.
	3.  Within ninety (90) days of the date of this decision, the Board will conduct an on-site review of this facility if deemed necessary by the Applicant and the State and North Smithfield Fire Marshal's offices.  This on-site review would be conducted within thirty (30) days following the submission of the plan of action for this facility, again if necessary.

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)].