The above-captioned case was most recently scheduled for hearing on June 19, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jasparro, Preiss, Jackson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to approve the Applicants plan of action for the temporary tent at the above location.  The motion was unanimous.
FINDINGS OF FACT
	This case has been previously before the Board, and the Board hereby adopts its original findings in file number 040146 and 040146A.  However, at the request of the Cranston Fire Marshal's office and the Applicant, the Board reopened this file to review a new plan of action agreed to by the parties for this facility.  Specifically, the Applicants plan of action would be as follows:
	1.  The tent is a temporary structure, as it is used only twenty weeks out of fifty-two weeks in the year.
	2.  The Cranston Country Club will hang the proper exit signage and fire extinguishers in the tent.
	3.  The Cranston Country Club will test the tent cover to determine if it is fire retardant.  If not deemed acceptable, the Cranston Country Club will bring the tent into compliance to the satisfaction of the Cranston Fire Marshal's office.
	4.  The Cranston Country Club will obtain all permits required for the tent from the City of Cranston.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the above plan of action as agreed to by the Applicant and the Cranston Fire Marshal's office.  Accordingly, the Applicant shall bring this tent into full compliance with the above plan of action, at the direction and to the satisfaction of the Cranston Fire Marshal's office, and maintain the tent in this condition during all periods of time in which the tent is erected.  This variance has been granted pursuant to the Boards understanding that the Applicant and the Cranston Fire Marshal's office have worked closely together in order to ensure the safety of the occupants within this complex and that the Cranston Fire Marshal's office is now satisfied that the above plan of action shall fully address all of the concerns previously raised.

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)].