The above-captioned case was scheduled for hearing on February 03, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Filippi, Burlingame, Pearson, Coutu and O’Connell were present.  The fire service was represented by Chief Deputy State Fire Marshal Michael Dimascolo of the State Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the February 03, 2004 hearing on this matter, the Board was advised and finds that the Rhode Island Convention Center is having an annual Flower Show beginning February 19th, and ending February 22nd.  As part of the show, the Convention Center is proposing to have several cut trees at the show.  Because of the new State legislation relative to cut trees, the Applicant has applied for a variance to be allowed to maintain these trees during this above limited period.  The Applicant notes that these trees have been included in the Flower Show for the past ten (10) years without incident.

The Board was further advised that the trees would be cut within days of the Flower Show.  The Applicant would further provide twenty four (24) hour security and an uniformed fire fighter on detail.  Finally, the Board notes that this facility is fully sprinklered and fire alarmed.  It is the understanding of the Board that all other deficiencies in this facility have been corrected by the Applicant.
	
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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a variance from the provisions of NFPA 101 in order to allow the Applicant to maintain cut trees, at the direction and to the satisfaction of the Providence Fire Marshal’s Office, in the 2004 Annual Flower Show.  Specifically, the Applicant shall be allowed to maintain these cut trees, within this fully sprinklered and fire alarmed building during the Flower Show which begins February 19, 2004 and ends on February 22, 2004.  As a condition of this variance, the Board directs the Applicant only to use freshly cut trees (cut within days of the function) and to further provide any additional safeguards deemed necessary by the Providence and State Fire Marshal’s Office.

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)].