As indicated in the file, a hearing involving the above-captioned property was conducted on March 24, 2015 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi and Sylvester.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.
APPLICANT: David Cloutier and Kim Borek.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by David Cloutier (representative) of the RI Airport Corporation, 2000 Post Road, Warwick, RI dated March 16, 2015.
3.	The Application was received by the Board and File  150037 opened on March 20, 2015.
4.	A hearing on the Application was conducted on March 24, 2015 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Booth and Filippi to grant the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendation was subsequently presented to the Board for acceptance on March 31, 2015 at which time Chairman Newbrook and Commissioners Booth, Jackson, Richard, Thornton and Walker were in attendance.  At that time a motion was made by Commissioner Richard and seconded by Commissioner Thornton to accept the subcommittee recommendation and grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150037 and are pertinent to the decision rendered:

1.	Variance Application  150037 dated March 16, 2015 and filed on March 20, 2015.
2.	State Fire Marshals Office Inspection Report  15-248-IS dated March 20, 2015.

EXHIBITS

The following documents were presented at the March 24, 2015 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the March 20, 2015 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the March 24, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the March 20, 2015 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.
2.	The Board was advised and finds that the Applicant wishes to temporarily convert the use of the cited airport hangar located in the North Central Airport in Smithfield, RI for a social fundraising event to be held on Saturday, May 9, 2015.  The Board was further advised and finds that the Rhode Island Airport Corporation supports this request.  The Board was further advised and finds that the State Fire Marshals Office and the Applicant have developed an approved plan of action for the use of this facility for a one-time event on Saturday, May 9, 2015.  The Board hereby incorporates by reference Building Description Site  411-61 dated 03/20/2015 from the State Fire Marshals Office outlining the agreed upon guidelines for the event.
3.	The Board finds that previous variances have been granted for similar situation and events at this facility on February 7, 2013 ( 120106) and June 12, 2012 ( 120056).
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

The Board hereby grants the Applicant a variance from the provisions of RILSC chapter 12 by allowing the Applicant to utilize the subject facility for a proposed social event (Miriam Hospital annual gala of approximately 500 attendees), to take place at the North Central Airport in Smithfield, RI from approximately 6:00 pm to 11:30 pm on Saturday, May 9, 2015.  As a condition of this variance, the Board directs the Applicant to comply with all of the guidelines established in conjunction with the State Fire Marshals Office and any additional requirements determined necessary by that Office.  Again, the Board notes that this is a one-time variance.

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].