The above-captioned case was scheduled for hearing on May 25, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Coutu, Burlingame, Evans and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the May 25, 2004 hearing on this matter, the Board was advised and finds that the Applicant would like to hold a Senior Prom dance at Rhodes on the Pawtuxet on June 4, 2004.  The Board was further advised and finds that the event will have a firefighter on detail.  The Board was further advised and finds that the event organizers wish to utilize an Eiffel Tower as a decoration and theme for the event.  The proposed tower is seventeen (17) feet tall and constructed of cardboard and will be covered with mini lights.  There will also be park benches, lampposts and mini lights in this area.
	The Cranston Fire Marshals Office recommended to the Board that the cardboard and combustible decorations be treated with Class A or Class B flame spread treatment and that a variance for the use of the mini lights be granted.  The Cranston Fire Marshals Office noted that the mini lights may or may not be grounded type plugs.  However, the Cranston Fire Marshals Office noted that zip cords would not be used in this facility to support the lighting system.  In light of the above, the Board finds that the Cranston Fire Marshals Office supports this requested relief.  Finally, the Board finds that this is a fully sprinklered building with a municipally connected fire alarm.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance to allow Hope High School to hold a Senior Prom dance at Rhode on the Pawtuxet on June 4, 2004 pursuant to the conditions outlined below.  Specifically, the Board would grant a variance form the provisions of section 13.7.3.1, 13.7.3.2 and 10.3.6 for this particular event.  In granting this relief, the Board directs the Applicant to provide the cardboard and all other combustible decorations with an approved Class A or Class B flame spread treatment at the direction and to the satisfaction of the Cranston Fire Marshal.  The Board further grants relief in order to allow the Applicant to use mini lights which may or may not have grounded plugs.  However, the Board directs the Applicant not to use zip cords in this facility to support the above mini lights or other electrical units.  In granting this variance, it is the understanding of the Board that the Cranston Fire Marshals Office has no objection in light of the fact that the building is fully sprinklered and maintains a municipally connected fire alarm and the Applicant shall comply with the above conditions.

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)].