As indicated in the file, a hearing involving the above-captioned property was conducted on October 7, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi, Jackson, Pearson and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Stephen MacIntosh of the Cranston Fire Marshals Office and Deputy State Fire Marshal Scott Caron of the State Fire Marshal's Office.
APPLICANT: Michael Friedman and Michael Accomando.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Spooky World Haunted House (tenant) of 1000 New London Avenue, Cranston, RI dated October 2, 2014.
3.	The Application was received by the Board and File  140125 opened on October 2, 2014.
4.	This matter was originally before the Board on July 30, 2013 at which time Decision  130124 was issued dated August 28, 2013 providing relief from RILSC sections 12.4.7.1, 12.4.7.3 and 12.4.7.4 by not providing automatic sprinkler protection and smoke detection in the tents being operated seasonally as a special amusement building.
5.	On October 2, 2014 the Cranston Fire Marshals Office requested that the Board revisit this matter to make a possible adjustment to the firefighter detail requirements.
6.	A hearing on the Application was conducted on October 7, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140125 and are pertinent to the decision rendered:

1.	Variance Application  140125 dated October 2, 2014 and filed on October 2, 2014.
2.	Decision  13024 dated August 28, 2013.

EXHIBITS

The following documents were presented at the October 7, 2014 hearing as exhibits:

1.	Letter to the Board from ADSFM MacIntosh dated October 2, 2014.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	This matter was originally before the Board on July 30, 2013 at which time Decision  130124 was issued dated August 28, 2013 providing relief from RILSC sections 12.4.7.1, 12.4.7.3 and 12.4.7.4 by not providing automatic sprinkler protection and smoke detection in the tents being operated seasonally as a special amusement building.
2.	In consideration of the relief granted, the Board required that there be a minimum two (2) person uniformed firefighter detail on the premises whenever occupied.
3.	The Applicant now has requested that the Cranston Fire Marshal have the discretion to reduce the required firefighter detail to one (1) person based upon a change in the configuration of the event and a lower than expected attendance.
4.	There is no objection by the State or Cranston Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board reaffirms and modifies the findings set forth in Decision  130124 by lowering the minimum firefighter detail requirement to one (1) person with up to a maximum of three (3) persons if deemed necessary, at the direction and to the satisfaction of the Cranston Fire Marshals Office in conjunction with the State Fire Marshals Office.

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).


STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
4.	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)].