The above-captioned case was scheduled for hearing on April 11, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Francis Dunton and Thomas Papa of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the April 11, 2006 hearing on this matter, the Board was advised that the subject facility is an unprotected cement brick block steel and wood building constructed in the early sixties.  The Board was further advised and finds that the structure is a skating rink used for hockey games as well as ice shows with food services including a vending area, office, locker rooms and storage and mechanical areas.  The Board was further advised and finds that graduation ceremonies are conducted in the facility for Mount Saint Charles Academy upon the completion of the academic year.  The Board was further advised and finds that during these ceremonies, the actual ice surface is utilized for additional seating, which would increase the occupancy to approximately eighteen hundred people.  A more specific description of this facility along with an outline of the deficiencies determined by the Woonsocket Fire Marshal's office are listed on a January 11, 2006 inspection report covering this facility.  Accordingly, the Board hereby incorporates the January 11, 2006 inspection report of the Woonsocket Fire Marshal's office as its initial findings of fact for this facility.  Finally, the Board finds that the subject facility is scheduled to be closed during the months of April, May and June and that the only event proposed for this facility during that time period is the graduation ceremony scheduled for June 11, 2006.  In light of the above, the Board shall initially address the scheduled graduation ceremony, and then consider the Applicants request for a time variance in order to develop a plan of action for the fire safety of this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to conduct the 2006 Mount Saint Charles graduation commencement ceremony within this facility subject to the following conditions.  The Board hereby directs the Applicant to open the overhead door of this facility and to leave it open during the entire period of time that the building is occupied with the graduation ceremonies.  The Board further directs the Applicant to work with the Woonsocket Fire Marshal's office in order to develop a plan for the use of this facility for graduation which would include fire fighter details, a ban on any type of cooking, the use of temporary and/or permanent emergency lights and exit signage and any other fire protection safeguards deemed necessary by the Woonsocket Fire Marshal's office.  In granting this relief, the Board directs that the occupancy shall be limited to the main areas of this building and that the locker rooms and other areas with limited egress shall not be open to the public.  In granting the above relief, it is the understanding of the Board that the graduation ceremony is currently scheduled for June 11, 2006 and that the estimated duration of the ceremony is approximately one hour and twenty minutes.
	2.  During the April 11, 2006 hearing on this matter, the Board was advised that the Applicant was reviewing the possibilities of either full compliance with the current facility or constructing a separate facility that would be in compliance with the code.  Accordingly, in light of the fact that the building shall only be occupied for the above graduation ceremony, the Board directs the Applicant to review all of the various options with a code consultant and to develop a plan of action for the correction of the deficiencies within this facility with the Woonsocket Fire Marshal's office.  The Board hereby directs both the Applicant and the Woonsocket Fire Marshal's office to work together in good faith in order to resolve the issues within this facility.  The Board hereby directs the parties to return on June 27, 2006 to review the proposed plan of action for this facility with the Board at that time.  Accordingly, this matter is continued to June 27, 2006.

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)].