The above-captioned case was scheduled for hearing on March 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi, Burlingame, Coutu and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Robert Howe and Timothy McLaughlin of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
During the March 9, 2004 hearing on  this matter, the Board was advised and finds that the Pawtucket Red Sox are planning seven (7) fireworks events during 2004.  The Pawtucket Fire Marshal’s Office appeared and advised the Board that the parties wished to bring forth a plan for the fireworks demonstrations pursuant to NFPA chapter 65, NFPA 1123 and 1126.  Specifically, the Pawtucket Fire Marshal’s Office sought the Board’s confirmation that they had the authority to decrease the required separation distance as deemed appropriate upon the demonstration that a hazard has been reduced or the risk has been properly protected.  This authority is outlined in NFPA 1123 section 3.1.1.  The Board determined that the Pawtucket Fire Marshal’s Office had that authority and, pursuant to a review of the plan of action, the Board determined that the Pawtucket Fire Marshal’s Office and the Pawtucket Red Sox had developed an appropriate plan of action for the display of fireworks.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby determines that the Pawtucket Fire Marshal’s Office, as the authority having enforcement jurisdiction, had the authority pursuant to provisions of section 3.1.1 of NFPA 1123, to reduce the required separation distance upon demonstration by the Pawtucket Red Sox that the hazard has been reduced or the risk has been properly protected with regard to the display of fireworks.  Accordingly, if the Pawtucket Fire Marshal’s Office has approved this plan of action, the Board shall also approve the plan of action for the display of fireworks by the Pawtucket Red Sox.

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)].