A hearing involving the above-captioned case was conducted on 4/8/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Blackburn, Burlingame and Sylvester.  Also in attendance was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The authority having jurisdiction was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  The Applicant was represented by Ms. Brenda Simonelli (letter of authorization on file).  A motion was made by Commissioner Blackburn and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Pearson and Sylvester.

TRAVEL OF THE CASE

	1.  The building in question is an existing assembly occupancy that was formerly an indoor golfing facility that is being converted to a childrens amusement facility with air-supported and air-inflated structures.
	2.  The Applicant filed an application for variance on March 10, 2014 in accordance with Fire Safety Code Section 6.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140030 and are pertinent to the decision rendered:

1.	Warwick Fire Marshals Office e-mail dated [undated].
2.	Variance Application  140030 dated March 102, 2014.
3.	Neptune Design Group letter dated March 6, 2014 with drawing AG.1 [Rev. 2/17/14].
4.	Letter of authorization from Mr. Matthew Galvin dated March 10, 2014.
5.	SGS Test Report  GZMR100609247 dated June 1, 2010.
6.	Intertek Test Report  GZHH00061028 dated November 8, 2010.
7.	Sawyer, Duncan Associates letter from Richard N. A. Sawyer, PE dated January 9, 2007.
8.	Seven (7) page instructional brochure referencing Wrecking Ball 2 aka Monster Dodge Ball.


EXHIBITS

The following documents were admitted at the April 8, 2014 hearing as full exhibits:

1.	Fun Brands, LLC drawings, Rev. 06 (2 pages).
2.	Letter from Jeffrey M. Reder, PE of Clark-Reder dated April 6, 2014.


FINDINGS OF FACT

	1.  The Board finds that this building is of type II (000) construction that is sprinklered with fire alarm protection which formerly housed an assembly occupancy and is being converted into a special amusement building.
	2.  The Board finds that the proposed use for the tenant space is for a childrens exercise & play area and party rooms, utilizing inflatable, non-combustible play structures for children between the ages of 2 and 16.
	3.  The Board finds that the Applicant has five (5) years experience of operating a similar facility in the state of Connecticut.
	4.  The Board finds that the operation will be supervised by trained staff whenever the facility is occupied.



CONCLUSIONS AND VARIANCE REQUESTS

	1.  The Board hereby grants the Applicant a variance from NFPA 1 section 10.20.1.3 to reduce the minimum horizontal separation between structures from twenty (20) feet to six (6) feet.
	2.  The Board hereby grants the Applicant a variance from NFPA 1 section 10.20.1.4 to increase the maximum allowable area of playground structures from three hundred (300) square feet to five hundred fifty (550) square feet.
	3.  The Board hereby grants the Applicant a variance from NFPA 101 section 11.10.5.3 to not provide a standby power system for any air-supported and air-inflated structures.
	4.  In granting this relief, the Board directs that the following conditions be met: the facility shall meet all other requirements for special amusement buildings in accordance with NFPA 101 section 12.4.7; that staff members are instructed in approved crowd management training; that the facility implements a policy whereby all occupants are provided with safety and evacuation instructions prior to entering the facility; that each air-supported and air-inflated structure is provided with not less than two (2) blower units in accordance with NFPA 101 section 11.9.3.2(5); and that all conditions are to be at the direction and to the satisfaction of the Warwick Fire Marshals Office.
	It is the understanding of the Board in granting the above relief that there is no objection by the Warwick 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)].