The above-captioned case was scheduled for hearing on September 14, 2004 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Wahlberg, Newbrook, Burlingame, Filippi and Preiss were present.  The Board was informed that the State Fire Marshal’s Office had no objection to the granted relief providing that there will be no cooking in this facility.  A motion was thereupon made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
Upon review of the documentation and testimony presented during this hearing, the Board was advised and finds that the subject facility is a proposed open pavilion to be built in the Arcadia Management Area in a gravel bank.  The Board further was advised and finds that the pavilion will be mainly used as passive recreation sites with picnic tables by visitors to the management area.  The Board was further advised and finds that the pavilion may be used by groups of over ten (10) people, but usually only 6-8 times a year.  The use of the pavilion by these groups will be strictly regulated by DEM.  Finally, the Board was advised and finds that there are no utilities, electrical, mechanical or plumbing provided in this area.  In light of the above, the Applicant is requesting relief from the fire code requirements generally applicable to places of assembly.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. In light of the Applicant’s representations and the fact that this open air facility shall be unheated, and maintain no electrical, mechanical or plumbing utilities, the Board hereby grants the Applicant’s request for the relief from the provisions of the RI Life Safety Code as they relate to places of assembly.

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)].