The above-captioned case was scheduled for hearing on September 16, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  By letter dated September 4, 2003, the Cranston Fire Marshal’s Office advised the Board that it was in favor of the requested relief for this particular event.  Accordingly, a motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the September 16, 2003 hearing on this matter, the Board was advised and finds that the Applicant seeking relief from section 23-28.6-15 paragraph (C)#4.  This section requires electric Christmas or holiday lights are to be utilized only on trees, garlands or wreaths and that are artificial, made of nonmetallic material and are labeled flame resistant by the manufacturer, and are UL or FM approved. Also, electrical cords supplying the light sets shall be the grounded type and not less then fourteen (14) gauge wire.
	
It is the understanding of the Board that the staff of this facility is seeking a variance to allow an event to use lighting decorations, which are not the grounded type.  It is the further understanding of the Board that the ground type electrical lights are no longer made.  It is the further understanding of the Board that the lights shall not be placed on trees, wreaths or other Christmas decorations and that the events shall have at least one firefighter on detail, and additional firefighters deemed necessary based upon the numbers of guests attending.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the staff of this facility to utilized lighting decorations which are of not of the ground type.  In granting this variance, for this one time event, it is the understanding of the Board that the Cranston Fire Marshal’s Office is in favor of this request and shall further provide at least one (1) firefighter on duty to monitor this facility during the period of time that the lighting is in place.  This variance shall expire after October 23, 2003.

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)].