The above-captioned case was scheduled for hearing on April 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Coutu, Burlingame, Filippi, O’Connell and Pearson were present.  A motion was made by Commissioner Burlingame and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The Board was also advised that the Providence Fire Marshal’s Office had no objection to the granting of this relief.  Accordingly, the motion was unanimous.

FINDINGS OF FACT
	
During the April 27, 2004 hearing, the Board was advised and finds that on May 1, 2004 the Sophia Academy, a small private school in Providence would like to hold a fundraiser at the Rising Sun Mills at 166 Valley Street.  The Board was further advised that this facility is currently under major renovation and rehabilitation.  The hours of the proposed fundraiser are between 6:30 and 8:30 PM and approximately 300 guests are expected.  The Applicant proposed to hold the gathering in building 5 which is a 5000 square foot, one story masonry and steel unprotected structure with direct egress to grade.  The Applicant is also requesting permission, during this time period, to conduct small guided tours of the model unit on the third floor of the attached building.  Finally, the Board has been advised that emergency lighting, exit signs and fire extinguishers will be provided at the direction of the Providence Fire Marshal and that a fire detail will be posted on premises during the event.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a one time variance in order to conduct a fundraiser event on May 1, 2004 in building 5 as outlined above.  In granting this variance, the Board directs the Applicant to provide all other safe guards required by the Providence Fire Marshal’s Office including a fire detail to be posted for the duration of the event.  Finally, in granting this relief, it is the understanding of the Board that the Providence Fire Marshal’s Office had no objection.


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)].