The above-captioned case was scheduled for hearing on April 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the April 20, 2004 hearing on this matter, the Board was advised and finds that the Applicant sought to hold a senior prom dance at Rhodes on the Pawtuxet on April 24, 2004.  The Board was further advised and finds that the event would have a firefighter assigned on detail.  The Board was further advised that the Applicant would like to utilized an Eiffel Tower decoration and theme for the event.  Specifically, the tower is seventeen (17) feet tall and constructed of cardboard, and will be covered with miniature lights.  There will also be park benches, lamp posts and miniature lights in this area.  By letter dated March 12, 2004, the Cranston Fire Marshal’s Office advised that he would like to recommend for the Board’s consideration and approval that the cardboard and the combustible decoration be treated with a class “A” or “B” flame spread treatment and that a variance to use mini lights which may or may not be ground type plugs be granted.  As a condition of the requested relief, zip cords would not be utilized in this facility for extension cords.  In light of the above the Cranston Fire Marshal’s Office supported the variance and therefore had no objection.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to use mini lights which may or may not be grounded type plugs.  In granting this variance, the Board directs the Applicant to treat all cardboard and other combustible decorations with either a class “A” or “B” flame spread treatment at the direction and to the satisfaction of the Cranston Fire Marshal’s Office before occupancy.  Finally, as a condition of this variance, the Board directs that zip cords shall not be utilized in this facility for extension cords.  In light of the above, it is the understanding of the Board, that the Cranston Fire Marshal’s Office has no objection and the Applicant will comply with the requested relief.

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 Applicant’s 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 Board’s 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 Board’s 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)].