As indicated in the file, a hearing involving the above-captioned property was conducted on June 9, 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, Jackson, Pearson, Richard and Sylvester.
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.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

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.	The matter was initially before the Board on May 12, 2015 at which time Decision  150051 was issued, dated May 22, 2015.  At that time the Applicant was directed to return to the Board on June 9, 2015 with an updated status report for the facility and if necessary, a revised plan of action.
5.	A subsequent hearing on the Application was conducted on June 9, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150051A 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.
4.	Decision  150051 dated May 22, 2015.
5.	Reschedule Notice dated May 22, 2015.
6.	Letter from Samuel Adams of URI Public Safety Department with updated plan of action and Ryan Center July-October 2015 Event Schedule dated June 8, 2015 [via email].
7.	Letter to the Board from Chief Deputy James Gumbley of the State Fire Marshal's Office dated June 8, 2015 [via email].
8.	Letter to the Board from Chief Nathan Barrington of the Kingston Fire District dated June 8, 2015 [via email].

EXHIBITS

The following documents were presented at the June 9, 2015 hearing as exhibits:

1.	None.

&8195;
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 Decision below corresponds with the May 22, 2015 Decision issued by the Board and the revised plan of action submitted by the Applicant dated June 8, 2015.  The above Decision and plan were utilized by the Board, the Applicant and the State Fire Marshals Office during the June 9, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the May 22, 2015 Decision 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 Board finds that repairs to the smoke control system are ongoing, with an expected completion date of on or before October 1, 2015.
3.	There is no objection by the State Fire Marshal's 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 November 30, 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 maximum occupant load is as follows:
a.	Court / Level 100: 2,600 persons
b.	Level 200: In accordance with  3, below.
c.	Level 300: NO occupancy
3.	The Board hereby authorizes the State Fire Marshal's Office to approve seating in Level 200 with a limit of 1,250 persons upon the Applicants providing documentation of safe egress times from this level, to the satisfaction of the State Fire Marshal's Office. 
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 June 8, 2015, subject to any modifications set forth by the State Fire Marshals Office and/or the Kingston Fire District.

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)].