The above-captioned case was scheduled for hearing on June 26, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester and Burlingame were present.  The fire service was represented by Chief Deputy James Gumbley and Chief of Plan Review Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Sylvester and Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Vice Chairperson Filippi and Commissioners Dias and Burlingame.

FINDINGS OF FACT
	The Board finds that the subject facility is a Class A place of assembly with an arena floor of approximately 31,000 square feet in area.  The Board further finds that the Applicant has requested to increase the floor capacity for a Dayglow event scheduled for October 5, 2012.  The Board hereby incorporates by reference the Applicants June 6, 2012 correspondence to the State Fire Marshal along with the floor plan and the June 13, 2012 correspondence to the Board.  The Board notes that this facility has previously been before it and a decision was rendered in file number 090246.  Accordingly, the Board hereby adopts the original findings of fact in the original decision as its initial findings of fact in this case.  Finally, the Board finds that the Applicant wishes to clarify the authority of the State Fire Marshals Office in granting future relief of this kind.
	It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicants request to increase the floor capacity from two thousand one hundred (2,100) people to four thousand (4,000) people for the Dayglow event scheduled for October 5, 2012.  This variance is conditioned upon the Applicants assurance that there will be no patrons in seats.  This variance is further conditioned upon the Applicant complying with any and all safeguards deemed necessary by the State Fire Marshals Office.  Finally, the Board hereby authorizes the State Fire Marshals Office to provide comparable relief to similar future events on a case by case basis with a maximum floor occupancy not to exceed four thousand (4,000) people.

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)].