The above-captioned case was scheduled for hearing on March 16, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Coutu, Preiss, Newbrook and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell 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 a March 12, 2004 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the March 16, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 12, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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, is 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  During the March 16, 2004 hearing on this matter, the Board was advised and finds that the student council of the Rhode Island College had planned a concert to be held in the gymnasium on March 25, 2004.  The concert would be held between the hours of 8:00 pm and 11:00 pm.  The attendance would be limited to 1900 people and there would be at least ten (10) police officers and four (4) detail firefighters along with campus and show security during the event.  The Applicant is requesting relief from the provisions of section 13.2.3.6.1 requiring the main entrance/exit to be of a width that accommodates one half of the total occupant load.  The Board finds that in addition to the main entrance, there are five (5) other means of egress from this facility.  The total means of egress accommodate the crowd in accordance with the code.  Each of the other five means of egress doors are rated double doors with illuminated exit lights and panic bars.  The Applicant has requested relief from the above provisions for this one-time event in accordance with the plan of action approved by the Providence Fire Marshal’s office.  This written decision shall document the action taken by the Board in allowing this event to occur.
	
The Board hereby grants a variance from the provisions of section 13.2.3.6.1 in order to allow the Applicant to maintain a one-time event on March 25, 2004 as outlined above.  The Board hereby directs the Applicant to coordinate the above event with the Providence 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 Applicant’s 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 Board’s 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 Board’s 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)].