The above-captioned case was scheduled for hearing on November 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Evans, OConnell, Filippi, Coutu, Pearson and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Richard James of the State Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed opposition votes of Commissioner Burlingame, Coutu and Pearson.

FINDINGS OF FACT
	During the November 25, 2003 hearing on this matter, the Board was advised and finds that the subject facility.  The Rhode Island State House, is a mixed business and assembly occupancy.  The Board further finds that this is a partially sprinkler facility.  
	The Applicant has requested a variance to be allowed to annually maintain a live cut Christmas tree in the rotunda of the State House.  The Board finds that the rotunda is constructed of non-combustible materials.  The Board further finds that a capitol police officer, equipped with an approved fire extinguisher, is stationed within the rotunda area on a twenty-four (24) hour basis. The Board further finds that the Applicant shall remove all combustibles from the Christmas tree area.
	The Board further finds that the Applicant shall treat the Christmas tree with a fire retardant product approved by the State Fire Marshals Office for such applications.  The retardant product approved by the State Fire Marshals Office for such applications.  The fire retardant products shall be applied in accordance with manufacturers specifications under the direct supervision of the State Fire Marshals Office.  Finally, The Board finds that the Christmas tree shall be properly hydrated at all times and shall be immediately removed if it becomes too dry in the opinion of the State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
 In light of the above, the board hereby grants a variance form the provisions of section 3-13.1 of NFPA 1, (1997 edition), and section 10.1115.1 of NFPA 1 (2003 edition), in order to allow the Applicant to annually provide the non-combustible rotunda, of the partially sprinkler State House, with a live cut Christmas tree, in accordance with the safeguards listed herein, and in accordance with any additional safeguards directed now, or in the future, but the State Fire Marshal.  In granting this variance, the Board notes that the subject rotunda is constructed of non-combustible materials.  The Board directs that capitol police officer, equipped with an approved fire extinguisher, be stationed within the rotunda area on a twenty-four (24) hour basis providing this area with a permanent fire watch during the period the Christmas tree is present.  The Board further directs the Applicant to remove all combustibles from the area of the Christmas tree.
	The Board further directs the Applicant to treat the Christmas tree with a fire retardant product approved by the State Fire Marshals Office for such applications.  The fire retardant product shall be applies in accordance with manufacturers specifications under the direct supervision of the State Fire Marshals Office.  Finally, the Board directs that the Christmas tree shall be properly hydrated at all times and shall be immediately removed if. In the opinion of the State Fire Marshal, it becomes too dry.

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)].