The above captioned case was scheduled for hearing on January 14, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Coutu, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the Providence Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 14, 2003 hearing on this matter, the Board was advised and finds that the subject facility is the Russian Submarine Juliett 484 now on display at Collier Point Park in Providence.  The Board further was advised and finds that until this hearing, the Applicant had been operating under a US Coast Guard certificate of inspection (COI).  In order to gain this permit, the Applicant had to pass a rigorous safety inspection from the Coast Guard, which was fully detailed during the hearing.  Pursuant to the Coast Guard certificate, the Applicant was allowed to give tours of this facility.  The Coast Guard has now requested that the Applicant arrange with the Providence Fire Department to take over jurisdiction of the submarine as a permanently moored vessel.  Accordingly, the Providence Fire Marshals Office reviewed the fire safety plans with the Applicant and so advised the Board.
	The Board was advised and finds that the subject submarine currently maintains approved emergency lighting with an expanded alarm system including horns, pull stations and carbon monoxide detection.  The submarine is further equipped with exit signage and has a fire safety plan, which includes monitoring by their personnel and their guides.  Finally, the Providence Fire Marshals Office advised the Board that they had no objection to the fire safety plan of 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 general variance in order to maintain this vessel in accordance with the US Coast Guard certificate of inspection guidelines, which include emergency lighting, exit signage and an expanded fire alarm and carbon monoxide detection system.  The above certificate would further require monitoring by personnel and the tour guides within this facility.  Accordingly, the Board allows the use of this facility as a public museum.
	In the event the Applicant wishes to expand this use, the Applicant is hereby permitted to return to the Board to review the plan of action for any expanded use.  Accordingly, this file is held open in case the Applicant wishes to return.  As a final condition of this variance, the Board directs annual inspections of this facility by the Providence Fire Marshals 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 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.  
	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.   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.   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.  
	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)].