The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This facility and the operation thereof was previously reviewed by the Board and a decision was rendered in file 200091(a) on May 20, 2000.  The Board hereby incorporates its original decision as its initial findings of fact.  The Board further finds that the Applicant is currently requesting to change the variance regarding details on Friday afternoons.  The Board was further advised that due to slow business the Applicant would like to discontinue a fire detail on Friday afternoons.  The Board further finds that an average total of five hundred (500) people on average appear over the three (3) matinee shows offered on Friday afternoons with less than two hundred (200) people in the theater at any one showing.  The Board further finds that the Providence Fire Marshal's office has no objection to the request provided that they be allowed a three (3) month trial period in order to determine whether the Board should reconsider the request.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby amends its previous decision in order to allow the applicant to suspend fire details for the Friday afternoon matinee showings within this facility for a period of three (3) months.  If at the conclusion of this three-month trial period the Providence Fire Marshal's office is satisfied that the arrangement is providing appropriate safety for the theater patrons, the suspension of Friday afternoon fire details shall become permanent.  However, if the Providence Fire Marshal's office, at the conclusion of the three-month trial period, wishes to return to the Board for further review, the parties are then directed to return in order to justify the continuance of the suspension of fire details.

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 Applicants 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 Boards 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 Boards 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)].