The above-captioned case was scheduled for hearing on March 4, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant a one-time variance to utilize the area referenced herein as an emergency means of egress.  The motion was unanimous.
FINDINGS OF FACT
	During the March 4, 2008 hearing on this matter, the Board had before it a February 27, 2008 seating plan review for the Van Halen concert scheduled to be performed on March 24, 2008 at the above captioned facility.  The Board hereby incorporates the February 27, 2008 State Fire Marshals review as its initial findings of fact in this case.  The Board further finds that with the configuration of the inner circle area located in front of the stage, the Applicant is left with only one (1) official means of access for emergency personnel and patrons into this area.  The Board further finds that the emergency exit that has been identified within this area measures only seventy-two inches or six feet in height in certain highlighted sections and is not the required eighty-inch minimum.  The Board further finds that the State Fire Marshal's office, noting the short time frame until the scheduled concert, has indicated that it does not have an objection to granting relief from the above deficiencies provided that the Applicant maintains no less than four (4) security personnel stationed in the emergency exit area and that these personnel should be equipped with flashlights and should be certified as crowd managers, to assist, if necessary, both emergency personnel and patrons with the evacuation of this area.  As a second condition of relief, the State Fire Marshal's office has indicated that the Applicant should prohibit standing in the vicinity of the emergency exit so as not to impede or block this emergency passageway.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  In light of the above, the Board hereby grants the requested variances provided that the Applicant conforms with the State Fire Marshal's plan of action covering this facility as outlined in the February 27, 2008 seating plan review letter.

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)].