The above-captioned case was scheduled for hearing on June 21, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Chief Robert Martin of the Bristol Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the June 21, 2005 hearing on this matter, the Board was advised that the Bristol Fourth of July Committee wishes to temporarily convert the above captioned facility along with a second facility to a temporary residential occupancy to accommodate 175 members of the Cadets Drum and Bugle Corps. who are scheduled to arrive in Bristol on July 3 at 6:00 A.M.  The cadets were scheduled to depart at 8:30 A.M. on July 4 and an additional group of 175 members of a Crossman Drum and Bugle Corps. was scheduled to arrive on July 3, at approximately 3:00 A.M. and depart at 8:30 A.M. on July 4.  One of the above groups would be located at the above captioned facility, the other group would be located at a sister facility subject to a separate variance.  The Bristol Fire Marshal appeared and advised the Board that he had no objection to the temporary use of the gymnasiums as sleeping quarters during this limited period.  The Fire Marshal further advised the Board that the gymnasiums would be overseen by two (2) firefighters on duty to ensure the safety of the temporary residents.  In light of the above, the Board approved the request for occupancy for this and the second gymnasium.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the above captioned facility to be utilized temporarily as a residential occupancy for the 175 members of the Drum and Bugle Corps. scheduled to arrive on July 3rd and to depart on July 4th as outlined above.

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)].