The above-captioned case was most recently scheduled for hearing on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Pearson, Walker, Jackson, Preiss and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal and Plan Review Chief Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file numbers 060855 and 060855A as its initial findings of fact in this case.  In addition, the Board finds that the RI Convention Center Authority has requested that file number 060855 be reopened and that the Authority be granted a variance for festival seating on the 24th, 25th and 26th of October, 2008.  This requested variance for festival seating is for the event Rock The Ink.  The Board further finds that the security plan provided by the Applicant has been approved by the office of the State Fire Marshal and that the State Fire Marshal's office has also approved, contingent upon receiving a variance, a plan for open festival seating which does not include piro.  Finally, it is the understanding of the Board that the Applicant is requesting that the Board vest the State Fire Marshal's office with the authority to approve such festival seating on an on-going basis in the future without having to return to the Board on a case by case basis.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain festival seating on the 24th, 25th and 26th of October, 2008 in accordance with the plans approved by the State Fire Marshal's office.  The Board hereby grants the State Fire Marshal's office the authority to approve such plans for festival seating for all future concerts without having to return to the Board on an individualized basis.  In granting this relief, the Board notes that if either the Applicant or the State Fire Marshal's office wish to return to the Board with any questions concerning these future concerts, the parties are hereby authorized to voluntarily return.
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)].