The above-captioned case was scheduled for hearing on August 26, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Filippi, OConnell and Coutu 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 Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This facility was previously before the Board and a Decision was issued in file number 030005 on April 23, 2003.  Accordingly, the Board hereby adopts its original findings of fact as its initial findings of fact in this case.
	Additionally, the Board finds that the Applicant plans to offer overnight educational opportunities to organized scout and youth groups.  The Board further finds that the Applicant is requesting to have a maximum of thirty-five (35) youngsters with seven adults for a maximum of forty-two (42) people.  Further, the Board finds that the Applicant has developed a comprehensive Overnight Educational Programs / Encampments program which provides a complete safety program for this facility.  Finally, it is the understanding of the Board that all other deficiencies shall be 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 a variance in order to allow the Applicant to offer overnight educational opportunities, on the submarine, to organized scout and youth groups.  Specifically, the Board shall allow the Applicant to maintain an overnight occupancy, on the submarine, of up to thirty-five (35) youngsters with seven adults for a maximum of forty-two (42) people.  Finally, as a condition of this variance, the Board directs the Applicant to oversee this overnight operation in accordance with his comprehensive Overnight Educational Programs / Encampments program.  (Attached.)

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)].