The above-captioned case was scheduled for hearing on March 25, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Blackburn, Richard, Jackson, Preiss, Walker, Jasparro, OConnell and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Jonathan Smith of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 15, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Narragansett and State Fire Marshals Offices during the March 25, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the August 15, 2005 inspection report 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. 
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the March 25, 2008 hearing on this matter, the Board was advised that while the subject facility was calculated to have an occupancy exceeding 1,000, the average high occupancy during a Saturday or Sunday was 250 people.  The Board was further advised that this facility is a roller skating rink, which, by its nature, would have a very difficult operation with the projected maximum occupancies.  The Board was further advised that at the time of the report the Applicant had a liquor license.  However, the Board was further advised that the Applicant had given up this liquor license and no longer maintains alcohol on the premises.  Both the Applicant and the Narragansett Fire Marshal's office were comfortable that this facility could be kept under 300 people at all times.  Accordingly, the Board hereby grants a variance from the provisions of section 13.3.5.1.1 in order to reduce the occupant load of this facility to under 300 people and to post this reduction at the direction and to the satisfaction of the Narragansett Fire Marshal's office.  Accordingly, the Board hereby directs the Applicant to, at all times, maintain the total occupancy of this facility as less than 300 people.  In light of the above, the Board notes that the facility would not require an automatic sprinkler system based on the new limitation of occupancy and the absence of alcohol.
	2-6.  The Board hereby directs the Applicant to correct deficiencies 2, 3, 4, 5 and 6 at the direction and to the satisfaction and within a timetable established by the Narragansett Fire Marshal's office.
	7.  It is the understanding of the Board that deficiency 7 is moot, that this facility is not to be classified as a nightclub and that the Applicant shall not, as a condition of the relief granted herein, sell alcohol on the premises.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 to the satisfaction of the Narragansett 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)].