The above-captioned case was scheduled for hearing on May 13, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Evans and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the May 13, 2003 hearing on this matter, the Board was advised and finds that a local non-profit arts organization was planning to have their annual fundraiser in the subject facility which is now vacant.  The above event was scheduled for Saturday, May 17, 2003.  The subject event shall commence at 8:00 p.m. and terminate at 1:00 a.m.  	

The Board finds that the Applicant shall chain open all of the exit doors during the event and not provide cooking within this facility.  The Applicant shall further provide additional lighting and emergency lighting at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The Applicant shall further maintain two firefighters on duty along with security staff at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Finally, the Applicant shall close off all unnecessary stairways and shall further provide an approved emergency generator for the emergency lighting system.  The Providence Fire Marshal appeared and objected to this one-time temporary use.  

1.  The Board hereby grants the Applicant a one-time temporary variance in order to allow the Applicant to maintain a limited social event within this facility on May 17, 2003 between the hours of 8:00 pm and 1:00 am on May 18, 2003.  During this limited occupancy, the Applicant is hereby directed to chain open all egress system doors and not to cook within this facility.  The Applicant is further directed to provide this facility with approved emergency lighting and an emergency generator to power the lighting at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The Applicant is further directed to provide this facility with two firefighters on duty, and to further provide additional security staff.  Finally, the Applicant is directed to close off all stairways leading up from the main portions of this facility.  In granting this variance, the Board notes the objection of the Providence 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)].