The above-captioned case was scheduled for hearing on October 24, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Chief Deputy Michael DiMascolo of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The Board finds that the subject facility is a Class A place of assembly known as the Dunkin Donuts Center.  The Board further finds that the Applicant plans to host the band Disturbed on Wednesday, November 15, 2006.  The Board further finds that the facility is in the process of selling general admission tickets for people to occupy the floor however, there is a limited use of pyrotechnics which may limit general admission seating.  The Board further finds that there shall be a preview of all of the pyrotechnic materials by the State Fire Marshal and that the Applicant shall comply with any further recommendations of the State Fire Marshal.  The Board further finds that as of the October 24, 2006 hearing, approximately 512 people are anticipated on the floor and that there may be a limited expansion of this number at the direction of the State Fire Marshal's office.  The Board further finds that there shall be between twenty (20) and twenty-five (25) security personnel on the floor and that two (2) security personnel shall be located at each exit.  The Board further finds that eight (8) police officers will be assigned detail during this concert and the Board further finds that five (5) firefighters will be assigned to detail during this concert.
	The Board further finds that there shall be a barrier established around the stage that cannot be moved and that this barrier shall be approximately ten (10) feet from the stage.  The Board further finds that the total arena seating within this facility is approximately 6,473.  The Board further finds that as of the date of the October 24, 2006 hearing, only 1,982 tickets had been sold and that the Applicant anticipates that the building shall be filled only to half capacity.  The Board further finds that all individuals on the floor have assigned seats within the auditorium and the Board further finds that the individuals allowed to go on the floor will be provided with an approved wrist band ten to fifteen minutes before the general public is allowed to secure seating.  Finally, the Board notes that the Applicant has provided the State Fire Marshal's office with an approved plan of action dated October 11, 2006 outlining the operational and security procedures for the Disturbed concert.  The Board finds that the State Fire Marshal's office has reviewed the above plan of action.  Finally, the Board notes that the Applicant is in agreement to provide any additional safeguards deemed necessary by the State Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.2.5.4.1 in order to allow the Applicant to maintain festival seating within this facility, as described in the findings of fact above, and pursuant to the Applicants October 11, 2006 plan of action.  As a condition of this variance, the Board further directs the Applicant to provide any additional safeguards deemed necessary by the State 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)].