FIRE SAFETY CODE BOARD OF APPEAL & REVIEW
FORMAL INTERPRETATION &
BLANKET VARIANCE 05-35

General Background:  The 2003 edition of NFPA 1 was statutorily adopted as the Rhode Island Uniform Fire Code on July 7, 2003.  Section 10.15 of the Uniform Fire Code addresses Combustible Vegetation.  Combustible vegetation, including Christmas trees, is allowed in several occupancies under certain conditions.  However, Table 10.15.1 specifically precludes Christmas trees in places of assembly.

	In light of the above, the Rhode Island Farm Bureau requested the assistance of the State Fire Marshal in establishing guidelines for the placement of fresh cut Christmas trees in certain places of public assembly.  After two meetings with representatives of the Farm Bureau, the State Fire Marshal requested an opportunity to review the above request with a subcommittee of the Board.  Accordingly, this matter was again reviewed by all of the parties on May 23, 2005 and the Board subsequently granted an initial time variance. (05-17).

	The Rhode Island Farm Bureau was seeking relief for specific places of public assembly such as city and town halls, places of worship, and assembly occupancies with full sprinkler systems.  The Board finds that city and town halls operate primarily as business occupancies with incidental assembly use.  Places of worship are generally only occupied on a limited basis and may incorporate cut greens as part of their services.  Finally, other places of assembly that maintain sprinkler coverage are generally safer than those facilities that are not so protected.

	The Farm Bureau further recognized the benefit of overseeing the harvesting and placement of the fresh cut tree, and assuring that the fresh cut tree was properly watered.  The Bureau also recognized the benefit of quickly removing the tree from the place of assembly after a limited period of display.  Finally, the Farm Bureau recognized the State Fire Marshals concerns of not allowing the Christmas tree to obstruct the egress system and not allowing lights or any item that could cause excessive heat to be applied to, or placed near, the fresh cut or balled Christmas tree.

Boards Determination:  After reviewing the above matter with the State Fire Marshal and the Rhode Island Farm Bureau, the Board hereby grants a blanket variance from the provisions of RIUFC section 10.15.1 and Table 10.15.1 in order to allow all city and town halls, all places of worship, and any fully sprinklered assembly occupancies, to maintain a root balled or a fresh cut Christmas tree, and/or display of fresh cut greens, under the following conditions:

(a)	The owner or his or her authorized representative (hereinafter the owner) shall advise the authority having jurisdiction (the State Fire Marshal, the Deputy State Fire Marshal and/or the Assistant Deputy State Fire Marshal, hereinafter the AHJ) of the owners plans to temporarily install a fresh cut or root balled Christmas tree.  The owner shall make arrangements for the AHJ to witness the harvesting of the Christmas tree.  The tree shall be harvested no earlier than one week before installation and, if fresh cut, shall have a second fresh cut applied to it, in the presence of the AHJ, on the day it is to be installed.

(b)	The fresh cut or root balled tree shall not be placed within the egress system and not otherwise be allowed to block or obstruct any egress or ingress passageways.

(c)	Lights or any item that may, in the opinion of the AHJ, cause excessive heat, shall not be applied to, or placed near the tree.

(d)	A watering schedule shall be posted in close proximity to the tree at the direction, and to the satisfaction, of the AHJ.  The watering schedule shall state the date that the tree was installed and the date the tree is to be removed which shall be no longer than two weeks after installation, unless an extension of up to two additional weeks is approved, in writing, by the AHJ.  The watering schedule shall be initialed, after each watering, by the caretaker(s) of the tree.

(e)	An approved additional fire extinguisher, sized in accordance with the subject Christmas tree shall be located in close proximity to the tree at the direction of the AHJ.  The owner, his representatives and/or employees shall be trained in the proper use of the fire extinguisher by the AHJ.

(f)	The above relief is granted for a single fresh cut or root balled Christmas tree and/or a single display of fresh cut greens.  Additional Christmas trees, and/or additional displays of fresh cut greens, may be allowed solely at the discretion of the AHJ in accordance with the above guidelines.  In the event that the owner is dissatisfied with the determination of the AHJ, the owner may file an appeal with this Board.

Reaffirmed by the Board on 12-15-09.