As indicated in the file, a hearing involving the above-captioned property was conducted on May 12, 2015 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, Thornton and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Chief Deputy James Gumbley and Deputy State Fire Marshal Christopher Moore of the State Fire Marshals Office.
APPLICANT: Samuel Adams, Timothy Wensus and Leah Becki.
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 Sam Adams (representative) of URI Public Safety, 44 Lower College Road, Kingston, RI dated May 8, 2015.
3.	The Application was received by the Board and File  150051 opened on May 8, 2015.
4.	A hearing on the Application was conducted on May 12, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Booth and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote with Commissioner Thornton abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150051 and are pertinent to the decision rendered:

1.	Variance Application  150051 dated May 8, 2015 and filed on May 8, 2015.
2.	Applicants Plan of Action Letter dated May 7, 2015.
3.	Email from Chief Nathan Barrington of the Kingston Fire District dated May 11, 2015.

EXHIBITS

The following documents were presented at the May 8, 2015 hearing as exhibits:

1.	State Fire Marshals Office Inspection Report dated May 12, 2015.

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.	The numbers of the Decision below correspond with those of the May 12, 2015 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 12, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the May 12, 2015 inspection report 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.
2.	The building is an existing assembly occupancy.
3.	There is no objection by the State Fire Marshals Office or the Kingston Fire District to the granting of the relief outlined herein.


CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance until June 9, 2015 to continue to occupy and utilize the facility while the smoke control system within the building is impaired.
2.	In granting this relief, the Board specifically limits the use of the facility to events where the projected fire load is consistent with that of less than a 3 MW fire and limits the maximum occupant load to less than eight thousand seven hundred (8,700) persons.
3.	The Board further authorizes the Kingston Fire District to waive the requirement for a wheeled fire extinguisher and to set the number of uniformed detail firefighters at any event.
4.	In consideration of the relief granted herein, the Board directs the Applicant to comply with all of the provisions of the Plan of Action letter dated May 7, 2015 submitted by Jensen Hughes, subject to any modifications set forth by the State Fire Marshals Office and/or the Kingston Fire District.
5.	Finally, the Board directs the Applicant to appear before the Board on June 9, 2015 with an updated status report on the status of the facility and if necessary, a revised plan of action.

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 6-2-22).
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 6-2-23.)  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 6-2-24).
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 6-2-25).
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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].