The above-captioned case was scheduled for hearing on March 6, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Chief Plan Review Officer Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame with Commissioner Pearson abstaining.

FINDINGS OF FACT
	During the March 6, 2012 hearing on this matter, the Board was advised and finds that the Applicant plans to maintain indoor soccer fields within this complex.  The Board has further been advised and finds that it is intended that there be a maximum of fifty (50) players and coaches within each of the two (2) field rooms at any one time.  The Board was further advised and finds that the assembly calculation for maximum occupancy of each of the two (2) field rooms at seven (7) square feet per person would be 4,207 and 5,229 respectively.  The Board further finds that based on the limitation of occupancy, the Applicant is requesting that the occupancy be set, reduced and posted at seventy hundred twenty (720) occupants per field room.  The Board was further advised and finds that the above number is based upon the availability of egress doors to evacuate this facility in accordance with the Code.  The Board was further advised and finds that the Applicant shall limit the use of this facility to sports and other related, low hazard, reduced occupancy events such as dog shows.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to substantially reduce the maximum occupancy of this facility to seven hundred twenty (720) occupants per field room as outlined on his February 8, 2012 request.  The Board notes that the above request was based upon the availability of egress doors for the field rooms.  The Board further notes that the Applicant has agreed to limit the actual use of these rooms to a maximum of fifty (50) players and coaches on each of the two fields at any one time.  Accordingly, the above posted occupancy shall be so limited.  Also, the Board notes that any additional assembly use of this space, such as a dog show, shall be limited in scope to low hazard activities.  Finally, the Board notes that the Applicant is directed to advise the North Kingstown Fire Marshals Office in the event of any outside activities other than the above described sports practice and events.

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)].