As indicated in the file, a hearing involving the above-captioned property was conducted on June 23, 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, Filippi, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Steven Hughes of the East Greenwich Fire Marshals Office and Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.
APPLICANT: Attorney Jeffrey Gladstone, Kevin Muoio, Doug Truedell and William Brackett.
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 Kevin Muoio (President) of 48 West Street, East Greenwich, RI dated December 2, 2014.
3.	The Application was received by the Board and File  140150 opened on December 2, 2014.
4.	The matter was previously before the Board on a number of occasions, the most recent on January 6, 2015 at which time Decision  140150 was issued dated January 15, 2015.
5.	A hearing on the Application was conducted on June 23, 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 Thornton and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140150A and are pertinent to the decision rendered:

1.	Variance Application  140150 dated December 2, 2014 and filed on December 2, 2014.
2.	East Greenwich Fire Marshals Office letter dated December 4, 2014.
3.	Decision  140150 dated January 15, 2015.
4.	Applicants plan of action [undated].

EXHIBITS

The following documents were presented at the June 23, 2015 hearing as exhibits:

1.	None.

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 Decision  140150 dated January 15, 2015.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	There is no objection by the East Greenwich or State Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board finds that the building is currently exempt from the requirements for automatic sprinklers when utilized as a performance theater in accordance with RILSC section 13.3.5.1.1(5).
2.	The Board hereby determines that when an entertainment performance in this facility includes live performers in addition to the projection of images in the background, with or without sound, the event venue may continue to be classified as a performance theater for the purposes of RILSC section 13.3.5.1.1(5).
3.	The Board hereby modifies Decisions  140035 and 140150 as it relates to the facility being utilized as a movie theater, subject to the following provisions:
a.	The number of movie events shall not exceed thirty (30) events per calendar year.
b.	The facility shall provide a certified crowd manager(s) at all movie events, at the direction and to the satisfaction of the East Greenwich Fire Marshal's Office.
c.	For any movie event where the occupant load exceeds two hundred (200) patrons, a uniformed firefighter detail shall be required.
d.	The facility shall be required to develop and adopt an alcohol management plan wherein the sale or consumption of alcohol is prohibited during any movie event.
4.	It is the understanding of the Board that the facility has a three-year plan of action to install automatic sprinklers throughout the facility, wherein upon completion, these restrictions shall no longer be applicable.
5.	In consideration of the relief granted herein, the Board directs the Applicant to provide notice of all scheduled event to the East Greenwich Fire Marshals Office.

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).
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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)].