The above-captioned case was scheduled for hearing on October 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  The Board also had before it a September 28, 2011 letter from Chief Nathan Barrington advising that the Kingston Fire Marshals Office had no objection to the granting of the requested relief.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining from the vote.

FINDINGS OF FACT
	During the October 4, 2011 hearing on this matter, the Board had before it the above letter from Chief Barrington of the Kingston Fire District along with the testimony taken by the Applicant and the State Fire Marshals Office.  The Board finds that the Applicant is requesting a variance in order to continue festival seating within the subject facility.  The Board further finds that the State Fire Marshals Office recently advised the Kingston Fire District and the Applicant that the law allowing for festival seating was repealed in 2009 and that a variance should be in place to continue these types of shows in the future.  The Board was further advised and finds that the Kingston Fire District is in support of the granting of this relief.  The Board was further advised and finds that the Ryan Center staff has worked closely with the Kingston Fire Marshals Office and the community at large in order to ensure that shows involving festival seating were conducted safely.  The Board was further advised and finds that the Kingston Fire Marshals Office maintains a firefighter detail at each and every show involving festival seating and that the detail members monitor the egress in all areas of the building.  The Board was further advised and finds that each event has a communications plan in which all of the responders are provided a common radio channel that is monitored by fire and police divisions.

The Board was advised and finds by the State Fire Marshals Office that the Applicant has provided it with two (2) floor plans for use of the general admissions area.  The Board was further advised and finds that these floor plans are similar to the events conducted at the Dunkin Donuts Center with approximately six hundred (600) people.  The Board was advised and finds that the State Fire Marshals office also supports the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to continue festival seating within this facility in accordance with the two (2) attached plans, at the direction and to the satisfaction of the State Fire Marshals Office.  As a condition of this variance, the Board directs the Applicant to continue to work directly with the Kingston Fire Marshals Office and provide the above cited safeguards including firefighter details during these events.  Finally, the Board notes that due to the unique nature of the entertainment events, it may be necessary for the State Fire Marshals Office to make minor modifications to the above plans for a specific event or to require additional safeguards for that event.  Accordingly, as a condition of this relief, the Applicant is directed to comply with whatever modifications are deemed necessary by the State Fire Marshals Office on an event-by-event basis.

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)].