The above-captioned case was scheduled for hearing on September 28, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, Preiss, Richard, Walker, Jasparro, Dias and Pearson were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon the documentation submitted and the testimony taken, the Board finds that on October 1, 2010 a special amusement maze will be erected inside the restaurant Dave and Busters which is located at the Providence Place Mall.  The Board further finds that the Applicant, Lori Castor, will oversee this project.  The Board further finds that this is the first time that the project would be located in Dave and Busters.  However, the Board finds that Miss Castor has been conducting comparable events for many years with a flawless track record.
	The Board further finds that the Applicant has provided the State Fire Marshals Office with all of the necessary certifications which document that the materials utilized in this maze are code compliant.  The Board further finds that the Applicant wishes to conduct this operation between October 1, 2010 and October 31, 2010 with evening and some afternoon openings.  The Board further finds that the Applicant has requested an expedited hearing in order to seek relief from having a firefighter detail at the beginning of this event on Monday through Thursday nights for the first two (2) weeks.  The Board further finds that during the first two (2) weeks, the Applicant will limit the number of people to proceed through the maze to five (5) people at a time.  The Board further finds that the applicant maintains crowd managers and security and has agreed to call the Providence Fire Marshals Office if there was an increase of occupancy during this period of time.
	The Board further finds that this operation is conducted for charity and that all additional safety measures required by the State Fire Marshals Office will be complied with.  Finally, the Board notes that the Providence Fire Marshals Office is objecting to any waiver of the firefighter detail.  However, the Board further notes that the State Fire Marshals Office does not appear to share this objection, but rather has provided the Board with ample reasons to grant this relief on a limited basis.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 23-28.6-5 in order to exempt the Applicant from the requirement of having a firefighter on duty on Monday, Tuesday, Wednesday and Thursday nights during the first two (2) weeks of October 2010.  This relief is based upon the Applicants limiting access to this maze to groups of five (5) people at a time with crowd managers and security in place.  In the event the occupancy of this facility during this period is to be increased, the Board directs the Applicant to contact the Providence Fire Marshals Office for direction prior to sending groups of more than five people through during this first two-week period.  Finally, the Board notes that this relief is also based upon the Applicants well-documented comprehensive plan of action that was submitted to the Board on September 28, 2010 and incorporated herein by reference.

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)].