The above-captioned case was scheduled for hearing on January 7, 2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Walker, Thornton, Jackson, Richard, Blackburn, Burlingame and Sylvester were present.  In addition, Department of Administration Deputy Legal Counsel Peter Dennehy was present.  The fire service was represented by Assistant Deputy State Fire Marshal Nicholas Anderson and Chief Kenneth Finlay of the Cumberland Hill Fire Marshals Office.  A letter from the owner dated December 12, 2013 is incorporated into the file authorizing the Applicant to proceed with the appeal.  A motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The findings of the Decision below correspond with that of a September 13, 2010 inspection report compiled by the Cumberland Hill Fire Marshals Office.  This inspection report was supplemented at the hearing with an August 22, 2013 inspection report compiled by the Cumberland Hill Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the January 7, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the September 13, 2010 and August 22, 2013 inspection reports as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
	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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant and the fire marshal to meet and review the hours of operation and expected attendance of the proposed January 14, 2014 assembly event (wrestling tournament) and to provide a uniformed firefighter detail as deemed necessary at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.

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)].