The above-captioned case was scheduled for hearing on August 21, 2001 at 1:30 P.M. At that time a subcommittee of the Board reviewed the Applicant’s requests. The fire service was represented by Assistant Deputy State Fire Marshal David Costa of the Providence Fire Marshal’s Office. The subcommittee recommendations were subsequently approved during an August 28, 2001 full hearing of the Board. At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, O’Connell, Evans, Burlingame and Filippi were present.  A motion was made by Commissioner Coutu and seconded by Commissioner  Evans to grant the Applicant relief as outlined herein pursuant to the subcommittee recommendations.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this is an existing assembly occupancy utilized for concerts and other major events. The Applicant has come before the Board seeking relief from the provisions of Rhode Island General Law 23-28.6-20 in order to sell approximately 1700 general admission tickets for a production scheduled for October 30 and 31, 2001.  During the August 21, 2001 subcommittee hearing, the Board was advised the Providence Police Department that contacted six other arenas and no problems were reported about the same concert.  The Board was further advised that only 10 gates would provide access from the seating level to the floor.  Further, the walls utilized for hockey games would be utilized on the above nights.  Tickets sold would be limited to the number of removed seats.  Four firefighters would be assigned to this concert detail. Finally, the Board was advised that each gate would be secured by one police officer and two in-house security people.  In light of the above, the Providence Fire Marshal's office had no objection. All other deficiencies 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.6-20 in order to allow the Applicant to sell approximately 1700 general admission tickets for the U-2 concert event scheduled for October 30 and 31, 2001.  The exact number of tickets shall be determined by the Providence Fire Marshal. This variance is contingent upon the Applicant's compliance with the understandings of the Board as outlined in its findings of fact above.

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 Applicant’s 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 Board’s 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 above subcommittee Decision to the Full Board within thirty (30) days of the mailing date of this Decision by requesting review by the Full Board. [R.I.G.L. 23-28.3-5(b)(4)]. Commencement of such an action for review does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].