The above-captioned case was scheduled for hearing on June 15, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Wahlberg, Preiss, Newbrook, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Mann of the Western Coventry Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook to identify and regulate this occupancy as a single-family residence.  The motion passed over the opposition votes of Commissioners Burlingame and Pearson.

FINDINGS OF FACT
		
During the June 15, 2004 hearing on this matter, the Board was advised and finds this facility is being built onto a house as a skating rink for private family use.  The Board was further advised and finds that the rink will not be for public use and it will be attached to the Applicant’s current place of residence.  The Board was further advised and finds that the Applicant may allow family and friends to use the rink for pleasure but under no circumstance will the rink be open to public use.  The Board was further advised and finds that no sanctioned sporting events will be held in the rink and that the town of Coventry has put a restriction on the building and that the Applicant cannot charge admission if individuals other then family members use the rink.  Finally, the Board was advised and finds that there should be no private groups allowed to utilize the rink and no more then twelve (12) people would be utilizing the rink at any one time according to the Applicant.  The rink is approximately thirty (30) feet by sixty (60) feet in area.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the above findings, the Board notes that this private skating rink would be more appropriately regulated as part of a single family residence as opposed to a place of assembly.  In light of the above restriction on this occupancy, as presented by the Applicant, the Board believes that the cited skating rink should be regulated in the same manner as a family swimming pool or a family tennis court attached to a single family residence.  Accordingly, the Board finds that an adherence to a single-family regulation, as opposed to the assembly regulation, is appropriate in this case.  Finally, the Board notes that the equipment used to create the ice for this facility has the possibility of exhausting carbon monoxide into the structure.  Accordingly, the Board directs the Applicant to provide smoke and carbon monoxide detection within this facility and the area leading from this facility to the main residence, at the direction and to the satisfaction of the Western Coventry Fire Marshal’s Office.  This interconnected carbon monoxide and smoke detection shall be the only requirement for this facility, under the State Fire Code.

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)].