The above-captioned case was scheduled for hearing on October 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Evans, Burlingame, Coutu, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan DePault of the North Smithfield Fire Marshal’s Office.  A motion was made by Commissioner O’Connell and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond in sequence with a list of deficiencies of an October 17, 2003 inspection report compiled by the North Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshal’s Office during the October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 17, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
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.  During the October 21, 2003 hearing on this matter, the Board was advised that the Applicant sought to utilize a temporary facility as a haunted house/maze.  The Board was further advised that both the North Smithfield Fire Marshal’s office and the State Fire Marshal’s office had toured this facility.  The Board was further advised that the facility would be utilized only for this year and only during a period of twelve (12) hours over three (3) days.  
	
As part of the Applicant’s plan of action to utilize this facility, the Applicant has advised the Board that she would provide self-illuminated exit signs.  The Applicant has further advised that Board that she had cleared out a center aisle and placed lines on the ground for rapid evacuation.  The Board was further advised that a firefighter detail along with an on-site fire truck would be positioned at this facility during the periods of occupancy, and there would be a strict limitation on the number of people along with four or five tour guides.  Finally, all audible systems would be shut down manually and the facility would be provided with full illumination in the event of an emergency.  In light of the above guidelines developed by the State and North Smithfield Fire Marshals’ offices, the Board hereby grants a variance from the provisions of sections 8-4.7.3 with regard to smoke detection during this twelve (12) hour period.
	
2.  The Board further grants a variance from the provisions of section 8-4.7.4.3 in order to allow the Applicant not to maintain four (4) proximate exit signage during the twelve (12) hours this facility will be utilized on a temporary basis.
	
3.  The Board hereby directs the Applicant to work with the State and North Smithfield Fire Marshals’ offices to address the flame retardency and flame spread issues outlined in the inspection report covering this facility.  
	
4.  The Board hereby directs the Applicant to provide this facility with approved “No Smoking” signs in all areas.
	
5.  After the flame spread issues have been addressed by the State and North Smithfield Fire Marshals’ offices, the Board hereby grants a variance from the provisions of sections 8-7.4.1, 8-7.4.2 and 8-7.4.3 in order to allow the Applicant to maintain the remaining materials in conjunction with a uniform firefighter on duty, and a fire truck stationed on site during the twelve (12) hour period of this temporary occupancy.
	
6.  The Board hereby directs the Applicant to address the electrical devices cited in deficiency #6 by having them approved by the building inspector.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing approved fire extinguishers in all locations required by the state and local fire marshals in accordance with the Life Safety Code.
	
8.  As outlined above, the applicant shall make arrangements to completely shut down the audible system and to provide full illumination manually in the event of an emergency.  The Applicant is further directed to limit the hours of occupancy to a period of twelve (12) hours over three (3) days and to provide a detail firefighter and fire truck on site during the twelve (12) hours of occupancy of this temporary facility.  Finally, the Board hereby advises the Applicant that this variance is only valid for October of 2003.  The Board further advises the Applicant to work with the State and North Smithfield Fire Marshals’ offices to bring the facility into full compliance with the special amusement provisions of the code in the event the applicant wishes to provide the same occupancy to the public next year.

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)].