The above-captioned case was originally scheduled for an expedited hearing on November 25, 2003 at 1:00 P.M.  The original case (File no. 030385 addresses several issues raised by the State Fire Marshal and also the Applicants requested relief from some of those issues.  While the original case was pending, a new issue was presented to the Board.  The new issue involved the Applicants proposal to present a home show in this complex on between March 26, and 28, 2004.  The most recent request was considered by the Board, on an expedited basis, on March 16, 2004.  During the March 16, 2004 hearing on this matter, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, OConnell and Coutu were present.  The fire service was represented by Kingston Fire Chief Nathan Barrington and Assistant Deputy State Fire Marshal John Linacre of the Kingston Fire Marshals Office along with Chief of Inspections William Howe and Investigator Kevin Murphy of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant the limited relief outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 16, 2004 hearing on this matter, the Board was advised and finds that the Applicant shall now be represented by Vice President for Administration Robert A. Weygand.  Accordingly, the Board has made the appropriate administrative modifications to this file and File no. 030385.  All further correspondence to the Applicant shall be directed to Vice President Weygand and the Board requests that all future correspondence, from the Applicant, be directed through Vice President Weygand to the Board.
	Pursuant to Vice President Weygands testimony, the Board further finds that the University shall submit a report outlining a plan of action for addressing the twenty-eight (28) deficiencies originally cited by the State Fire Marshals Office.  The Board further finds, as part of this plan of action, the University shall propose extending the sprinkler system throughout the entire building including the bowl area and providing more intensive sprinkler coverage in the concourse area.
	Based upon the documentation presented, the Board finds that a Home Show has been planned for operation between March 26 and 28, 2004.  This finding is based upon the March 9, 2004 Request for Hearing submitted by Director Kevin Culley (identifying March 26th and 27th as the dates), and the March 16, 2004 Home Show Fuel Load Analysis submitted by Howe Engineering (identifying March 27th and 28th as the dates).  The Board further finds that contents of the Home Show shall be specifically limited to light hazard.
	The Board was further advised and finds that, as a condition of the requested relief, the Applicant has agreed to comply with the Basic Assumptions and Operating Assumptions outlined on pages 4 and 5 of the Home Show Fuel Load Analysis prepared by Howe Engineering.  (Attached as Exhibit A.)  The Board further finds that the above agreed-upon assumptions mandate a fire watch is provided with not less than two (2) trained firefighters 24 hours a day for the entire duration of the home show.
	The Board further finds that the above agreed-upon assumptions also direct the onsite deputy fire marshal to generally oversee the operating assumptions.  During the March 16, 2004 hearing on this matter, when the Board was questioned as to who the onsite deputy fire marshal or AHJ would be, the parties were advised that the onsite deputy fire marshal or AHJ would be the State Fire Marshals designee from the Kingston Fire District.  Accordingly, for the purposes of the relief granted herein, the Board finds and directs that the onsite deputy state fire marshal or authority having jurisdiction during the proposed home show shall be an assistant deputy state fire marshal from the local fire department (Kingston Fire District).  The Board notes that it is still awaiting a written determination for the State Fire Marshal as to whom he has designated as the AHJ overseeing the University of Rhode Island.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby grants a variance in order to allow the Applicant to operate a light hazard Home Show, on a one-time basis, in this facility during the period between March 26, 2004 through March 28, 2004.  As a condition of this variance, the Board directs the Applicant to fully comply with the basic assumptions and operating assumptions as outlined in the attached Home Show Fuel Load Analysis presented by Howe Engineering.
	The above mandatory assumptions include maintaining a minimum of two (2) trained firefighters on duty, 24 hours a day, during the entire period of time that the Home Show exhibits and other related combustibles are located in this complex.  The Board further directs the Applicant to provide any additional fire fighters deemed necessary by the authority having jurisdiction (the Kingston Fire District) during all periods of public occupancy.  This file shall remain open to address any further concerns of the parties.

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)].