The above-captioned case was scheduled for hearing on July 30, 2013 at 1:00 PM. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Sylvester, Thornton, Pearson, Jackson and Booth were present. Commissioner Blackburn recused himself from consideration of this case. The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Stephen MacIntosh of the Cranston Fire Marshals Office. A motion was made by Commissioner Richard and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein. The motion passed over the opposition vote of Commissioner Burlingame. 

FINDINGS OF FACT
	During the July 30, 2013 hearing on this matter, the Board was advised and finds that the Applicant has proposed the creation of a haunted house special amusement occupancy to be temporarily located within the Mulligans Island Complex located at 1000 New London Avenue in Cranston. The Board has further been advised and finds that the operator of the haunted house, Spooky World, has constructed similar temporary structures throughout the New England area, including Litchfield, NH and Boston, MA at Fenway Park. The Board further finds that the proposed haunted house amusement will be comprised of one (1) uncovered outdoor haunt and three (3) covered tents. The Board notes that the plan of action and variance request will be limited to the fire and life safety code requirements for the three (3) covered tents. 
	The Board further finds that each of the three (3) tents measure forty (40) feet by eighty (80) feet and that each tent structure exceeds ten (10) feet in height. The Board further finds that Spooky World plans to configure two (2) tents immediately adjacent to each other to create an amusement known as 3D Freakout and utilize the remaining tent alone for a second  amusement known as House of Eternal Darkness. 
	The Board further finds that the tents will be provided throughout with multi-purpose dry chemical fire extinguishers at all exits and that all of the event staff will be properly trained in the proper use of fire extinguishers. The Board further finds that the event staff will also be required to take part in approved crowd management training as part of their employment. The Board further finds that the event staff will also be responsible to read and understand a comprehensive handbook outlining protocols including, but not limited to, the roles of employees during fire emergencies, medical emergencies and power failures. 
	The Board further finds that the tent structures will be provided with additional illumination such that during an emergency event, flood lights and emergency lighting will be activated by either the Cranston Fire Department Detail Officers assigned to the tents or by a trained Attraction Manager or by a Safety/Security Staff Member. The Board further finds that all emergency lighting shall be equipped with approved battery backup in case of power loss. The Board further finds that exit marking shall be in accordance with RILSC Section 12.4.7.7.1 and that all finishes (walls, floors and all props) will be provided with an approved Class A finish. The Board finds that smoking shall also be prohibited.
	The Board finds that Spooky World and the Cranston Fire Marshals Office have agreed to maintain a detailed fire fighter, in each of the two (2) attractions housed by tents, during all periods of public occupancy. It is the further understanding of the Board that the detailed fire fighters shall be equipped with two-way radios in order to immediately notify the Cranston Fire Department in the event of any incident within the facility. It is the understanding of the Board that a third detailed fire fighter shall be assigned if deemed necessary by the Cranston Fire Marshals Office.      
The Board further finds that the temporary tent structures shall be erected for a period of eighteen (18) business days during the fall of 2013. The Board finds that at the conclusion of the Halloween season, the tents will be removed from the Mulligans Island complex.  

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of RILSC Sections 12.4.7.1, 12.4.7.3 and 12.4.7.4 in order to allow the Applicants seasonal tenant, Spooky World, not to equip the above temporary tents with automatic sprinklers and smoke detection during the eighteen (18) business days that the tents will be located within the Mulligans Island Complex in the fall of 2013. In granting this temporary relief, the Board notes that each of the attractions shall be overseen by trained Spooky world staff, along with at least two (2) detailed Cranston Fire Fighters equipped with two way radio communication directly to the Cranston Fire Department, as outlined above. The Board further directs that Spooky World provide approved voice notification for the evacuation of the occupants in conjunction with the above emergency lighting systems. Further, the Board directs Spooky World to comply with any additional safety requirements determined necessary by the Cranston Fire Marshals Office. Finally, the Board hereby authorizes the Cranston Fire Marshals Office to re-approve this occupancy on a year-to-year basis with the above safeguards and any additional safety requirements deemed necessary by the Cranston Fire Marshals Office. In light of the above, the Cranston Fire Marshals Office had no objection to the granting of this temporary relief.  	

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)].