The above-captioned case was scheduled for hearing on March 29, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The Board was thereupon advised that Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals office was unable to attend this hearing due to illness.  However, the Marshal advised the office that he had no objection to the requested relief.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that Special Olympics of Rhode Island was planning to hold an event at the Rhodes on the Pawtuxet.  The decorations for the event would include using foam sandwich panels for animal cutouts throughout this facility.  The Board further finds that section 13.4.5.11.2 of NFPA 101 Life Safety Code, 2003 edition as amended allows for the use of foam plastics in assembly only upon approval of the authority having jurisdiction.  The authority having jurisdiction in this case would be the Fire Board.  Finally, the Board finds that this facility has both a master box fire alarm system and a full approved automatic sprinkler system in accordance with the State Fire Code.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize the above foam plastic animal cutouts during the 2005 Special Olympics event at Rhodes on the Pawtuxet.  In granting this variance, the Board directs the Applicant to follow any additional safeguards deemed necessary by the Cranston Fire Marshals office.

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)].