The above-captioned case was scheduled for hearing on April 24, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Priess, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous. 
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FINDINGS OF FACT
The numbers of the Decision below correspond with those of an April 19, 2007 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the April 24, 2007   hearing on this matter.  Accordingly, the Board hereby incorporates the April 19, 2007 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, shall be understood to mean in accordance with the specific provision7s related to the  
particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	During the April 24, 2007 hearing on this matter, the Board was advised that the potential maximum occupancy of this facility is approximately 900 people.  However, given the nature of this facility as an ice rink the Board has been advised and finds that the occupancy is generally less than 300 people at any one time.  The Board was advised and finds that the Applicant has presented a plan of action to limit the occupancy of this facility to 299 people.  The Board was further advised that the Applicant has provided this facility with an approved fire alarm system however, the Board was advised that there is not a sufficient water supply in the area to provide approved sprinkler coverage.  In light of the above, the Board herby grants a variance in order to allow the Applicant and the North Smithfield Fire Marshals Office to limit the occupancy of this facility to below 300 people.  In the event of a special school event at which the Applicant desires to temporarily increase the number of occupancy, the Applicant shall meet first with the North Smithfield Fire Marshals Office to develop a plan of action for that increased occupancy and to ensure the Applicant has maintained an adequate means of egress for the number of people who will attend the special event.  Finally, the Board directs as a condition of this variance that no outside events shall be allowed within this complex on the use of the ice.

	
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)].