The above-captioned case was scheduled for hearing on July 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian and James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Sylvester and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 12, 2011 hearing on this matter, the Board had before it a July 5, 2011 letter from the East Providence Fire Marshals Office outlining the background in this case.  Based on the July 5, 2011 letter and the testimony taken during the hearing, the Board finds that the subject facility is a Place of Worship that wishes to conduct a one-time Christian rock concert on July 18, 2011.  The Board was further advised and finds that the church is 15,698 square feet of masonry construction with the main church hall on the first floor of this facility and a smaller gathering hall in the basement.  The Board was further advised and finds that there is currently a municipal fire alarm system in the building, but the building is not sprinklered.  The Board was further advised and finds that the proposed one-time event would maintain fixed seating and theater-type seating.  The Board was further advised that the Applicant would be provided with a detail firefighter and that the lower level of this facility would be limited to band use only.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain a Christian rock concert in the subject place of worship on July 18, 2011 with the following conditions.  The Board directs the Applicant to limit the lower level of this facility to band use only.  The Board further directs the Applicant to provide a detail firefighter on duty, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board further notes that if the proposed occupancy is to exceed five hundred (500) people for this one-time event, then two (2) detail firefighters shall be required.  The Board notes that this occupancy shall be restricted to theater-type fixed seating and that the East Providence Fire Marshals Office will coordinate the event with the Applicant.  Finally, the Board notes that this one-time event shall not be determined to be a change of use or occupancy for this facility, and that this Place of Worship shall maintain its status as an existing place of worship.

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)].