The above-captioned case was scheduled for hearing on September 19, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Preiss, Filippi, OConnell and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Upon review of the testimony and documentation presented to the Board, the Board finds that the subject facility is an indoor riding rink measuring approximately 65 feet by 156 feet, for a total of 10,146 square feet.  The Board further finds that this facility is of Type V construction with no utilities or electricity.  The Board finds that the Applicant has proposed not to provide this facility with a fire alarm system.
	The Board further finds that the Applicant shall not board and care for outside horses.  The Board further finds that there shall be no public occupancy of this facility except limited to a single disabled student monitored by three (3) adults at any one time.  The Board further finds that the main doors of this facility shall remain open during all hours of occupancy and that the facility consists of one large room.  The Board further finds that the Applicant shall reconfigure the space of this facility to bring it under 10,000 square feet, at the direction and to the satisfaction of the Cranston Fire Marshal.  The Applicant has agreed that if electricity is provided to the facility in the future that the Applicant shall provide this facility with an approved fire alarm system and if the Applicant proposes to utilize this facility for the Board and care of outside horses in the future that the Applicant shall, as a condition of this expanded occupancy, provide the facility with an approved fire alarm system.  Finally, the Board notes that the Applicant has agreed to limit the relief granted below to the current owners and the current operation for the instruction of a single disabled student at any one time.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant not to provide the above described facility with a fire alarm system as long as the facility is owned by the current owners and they maintain the current operation of instructing one (1) disabled student at any one time.  As a condition of this relief, the Board directs the Applicant to maintain the main doors open during all hours of occupancy and not to occupy the building after sunset or before sunrise.  This variance is conditioned upon the building not having electricity or heat.  Accordingly, if the building is provided with electricity or heat, the Applicant shall provide this facility with an approved fire alarm system before making such an upgrade to the facility.  In addition, the Board notes that if the Applicant chooses to provide board and care for outside horses, he shall alarm this facility prior to providing outside board and care.  Additionally, the Board directs that there shall be no public occupancy except the use of the facility by one (1) disabled child at any one time accompanied by approximately three (3) adults.  Again, any change in the above conditions shall automatically require the installation of a fire alarm system.

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)].