The above-captioned case was scheduled for hearing on June 30, 2009 at 1:00 P.M.  At that time Vice Chairman Newbrook and Commissioners Jasparro, Pearson, Blackburn, Walker, Preiss, Dias and Filippi were present.  Commissioner Jackson recused himself from consideration of this case.  The fire service was represented by Chief of Inspections Scott Caron and Chief Plan Review Officer Wade Palazini of the State Fire Marshal's Office along with Assistant Deputy State Fire Marshals Timothy Lutz, Richard Vespia and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the June 30, 2009 hearing on this matter, the Board was advised and finds that the Applicant had two (2) issues before it.  The first issue involved a requested limitation on the automatic shut-off of live music.  The second issue involved a request to allow the Applicants electricians to shut down smoke detection at certain times during the operation of this facility.
	With regard to the issue of automatic shut-off, the Board finds that the Rhode Island Convention Center occasionally has live music at its facility.  The Board further finds that the majority of music programs conducted at the Convention Center are not so loud as to obscure the sound of the fire alarm system.  However, the Board further finds that, in the Applicants experience, there was an occasion when the music potentially could have obstructed the sounding of the fire alarm system.  The Board finds that that occasion was a Rock The Ink concert conducted between October 23 and October 26, 2008.  The Board finds that the Applicant has again booked Rock The Ink at the Convention Center from August 20 to August 23, 2009.  The Board finds that the Applicant is requesting relief in order to allow this concert to proceed without automatic shut-off in the event of fire alarm activation.  The Board finds that the Applicant proposes that detailed officers from the State and/or the Providence Fire Marshal's office would be able to ask the band to shut down in the event of a fire alarm activation.  The request is being made due to the fact that the Applicants ballroom does not have automatic shut-off capability at that time.
	The Board finds that the Applicants second request was to allow its licensed electricians to shut off smoke detectors if necessary during move-ins and move-outs because some of the trucks driving into the Convention Center could have smoke coming from their exhaust systems that could set off the smoke detectors.  The Board further finds that the Applicant is requesting that its electricians be allowed to shut off smoke detectors in the event that the Applicant needs to utilize a smoke/fog machine as part of a performance.  The Board further finds that it is the Applicants policy that whenever a smoke detector is shut off and put back into service, the licensed electrician notified the fire department and maintains this information in a log.  Finally, the Applicant notes that any time the detectors are deactivated during a concert, a detailed Providence firefighter is present at the Convention Center.
	The Board finds that both the State and Providence Fire Marshal's office appeared and objected to the above requests by the Applicant.  Specifically, the Board finds that the State Fire Marshal's office considers the 2004 changes requiring automatic music shut-down to be an automatic fool-proof method to ensure the rapid evacuation of the subject facility.  Likewise, the Providence Fire Marshal's office noted that the subject concert involved several bands and noted that if the detail firefighter was called off on a medical emergency, as a first responder, that office would be unable to ensure that the music would be manually terminated.  Finally, the Providence Fire Marshal's office noted that the automatic shut-down would not necessarily be required on every plug but could be maintained in designated areas.
	With regard to the temporary de-activation of smoke detection, the Providence Fire Marshal's office noted that at the adjoining Dunkin Donuts Center the shut-down was only allowed when the building was empty.  The Providence Fire Marshal's office further wished to participate in the development of requirements and safeguards during periods of shut-down.  The State Fire Marshal's office also advised the Board that this was an issue of fire safety and as such they objected.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to work with both the State and Providence Fire Marshal's offices in the development of a plan addressing the applicants request for an exemption from the automatic shut-off of live music with activation of the fire alarm system for the Rock The Ink concert scheduled to be conducted between August 20 and August 23 of 2009.  The above plan shall include an alternative back-up system for the notification and rapid evacuation of the occupants of the Convention Center in the event of fire alarm activation.  The alternative back-up system shall be approved by both the State and Providence Fire Marshal's offices.  In the event the parties cannot reach consensus on the above plan of action, they are directed to return to the Board on July 28, 2009 for further review.  The Board directs that the above plan shall be limited to the Convention Center and temporarily in place for the Rock The Ink concert between August 20 and August 23 of 2009.  The Board hereby grants the Applicant an additional 120 days from the above 30 day deadline in which to make any additional changes to this facility for the permanent implementation of the plan.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to develop a plan for the licensed electricians of this facility to be allowed to shut down smoke detection during move-ins, move-outs and certain special events at the direction and to the satisfaction of the Providence Fire Marshal's office. Specifically, the Board directs the Applicant to work with the State and Providence Fire Marshal's offices during the above thirty-day period to develop the proper protocols and safeguards for the proposed shut-down of smoke detection during limited periods within this facility.  In the event the Applicant and the State and Providence Fire Marshal's offices are unable to agree on the appropriate protocols and safeguards for the shut down of smoke detection on a limited basis, they are to report back to the State Fire Board on July 28, 2009 for further review by the Board.  Finally, the Board hereby grants the Applicant an additional 120 days from the above 30 day planning period in which to incorporate any such safeguards into this facility.  Again, this relief is limited to the Convention Center only and it must be approved by both the State and Providence Fire Marshal's offices to be effective.

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)].