The above-captioned case was scheduled for hearing on April 4, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Mills of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining from the vote.
FINDINGS OF FACT
	During the April 4, 2006 hearing on this matter, the Board was advised and finds that Providence College is requesting a one-time variance to hold an MTV rock concert in the Schneider Arena located at Providence College.  The Board was further advised and finds that the Schneider Arena is a concrete and steel structure housing approximately 3,300 seats with ancillary locker rooms, offices, equipment rooms and a lounge.  The Board was further advised that the buildings lounge is sprinklered and that the only fossil-fuel burning equipment within the facility is the Zamboni.
	The Board was further advised and finds that the Applicant is requesting a one-time variance in order to hold the MTV rock concert on April 6, 2006 in the arena.  The Board was further advised and finds that the event is non-alcohol and shall be monitored by Providence College security.  The Board was further advised and finds that Providence College security is also providing crowd management control.  The Board was further advised and finds that there will be a temporary stage erected at the west end of the arena floor and that seating for 560 attendees will be placed on the floor.  Finally, the Board was advised that ticket sales will be limited to 1,995 attendees and that the expected attendance is approximately 1,200 people.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a one-time variance in order to conduct an MTV rock concert on April 6, 2006 in the Schneider Arena.  In granting this variance, the Board notes that Lt. Richard Silva, reached by telephone, had no objection to the request and that Inspector Mills, who was present during the hearing, also had no objection to the request.  The above variance is further conditioned upon the safeguards listed in the Boards findings of fact above, along with the placement of firefighter details for the duration of this concert, at the direction and to the satisfaction of the Providence Fire Marshal's 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)].