The above-captioned case was scheduled for hearing on November 14, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Coutu, Pearson, Fang and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the November 14, 2000 hearing on this matter, the Board was advised that the Applicant sought variance from the provisions of NFPA 1196 section 6-4.1 in order to maintain less than 15 feet of separation between a pyrotechnic device and the audience of this facility.  Specifically, the Applicant plans to utilize a “flash pot” approximately twelve feet from the nearest audience member in this facility. The Applicant shall further use only 1/3 of the maximum load and comply with all additional safeguards recommended by the Providence Fire Marshal. Finally, the Applicant and the Providence Fire Marshal’s Office have requested that the Providence Fire Marshal's office be granted the authority to approve the Applicant's future requests to utilize flash pots in subsequent productions of “ A Christmas Carol”. In reviewing this matter, it is the understanding of the Board that all other fire code deficiencies in this facility have been 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 from the provisions of NFPA standard 1126, section 6-4.1, in order to allow the Applicant to discharge a “flash pot”, during the annual productions of “A Christmas Carol”, within twelve feet of the audience of this facility, provided that the Applicant comply with all additional safeguards recommended by the Providence Fire Marshal's office. In granting this variance, the Board directs the Applicant to annually preview the “ A Christmas Carol ” production with the Providence Fire Marshal’s office and comply with all of the safety directives of that office during the above production. 

This variance is being granted in order to allow the parties avoid annual appearances before the Board to review of the same request. However, if either party has questions or needs clarification in the future, they are free to return. 

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)].

The decision was mailed on 11-24-00.