The above-captioned case was scheduled for hearing on February 24, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Dettore of the Cranston Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Preiss 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 November 25, 2003 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the February 24, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the November 25, 2003 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.  The Board hereby directs the Applicant to either provide the Cranston Fire Marshals Office with documentation verifying that the cited reflective insulating material complies with section 13.3.3.3 or to remove and/or replace the material at the direction and to the satisfaction of the Cranston Fire Marshal.  In the event of removal and/or replacement, the Board shall grant the Applicant a time variance of 90 days from the date of this Decision to issue a Request for Proposals (RFP) and secure a qualified bidder for the project and an additional 120 days, from the end of the original 90 days, to actually complete this project at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	2.  The Board hereby directs the Applicant to correct deficiency 2, by repairing the cited generator and repairing or replacing the cited heat detectors, at the direction and to the satisfaction of the Cranston Fire Marshals Office, within 60 days of the date of this Decision.
	3.  The Board hereby grants a variance in order to either allow the Applicant to fully comply with the provisions of section 13.4.9.2.5, or to develop a plan of action, approved by the Cranston Fire Marshals Office specifically marking that aisles and seating sections of the bleacher units within this facility.  If the Applicant elects to correct this deficiency in accordance with section 13.4.9.2.5, the Board shall grant the Applicant a time variance of 90 days from the date of this Decision to issue a Request for Proposals (RFP) and secure a qualified bidder for the project and an additional 120 days, from the end of the original 90 days, to actually complete this project at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	If the Applicant and the Cranston Fire Marshals Office agree to an approved system of marking the aisles and sections, and a system for maintaining the aisles free of all obstructions at all times, the Board hereby grants the Applicant a time variance of 90 days from the date of this Decision to issue a Request for Proposals (RFP) and secure a qualified bidder for the project and an additional 120 days, from the end of the original 90 days, to actually complete this project at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	4.  The Board hereby directs the Applicant to correct deficiency 4, by protecting the electrical equipment under the grandstands, at the direction and to the satisfaction of the Cranston Fire Marshal.  The Board hereby grants the Applicant a time variance of 90 days from the date of this Decision to issue a Request for Proposals (RFP) and secure a qualified bidder for the project and an additional 120 days, from the end of the original 90 days, to actually complete this project at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	5.  The Board hereby directs the Applicant to correct deficiency 5, by upgrading the emergency lighting in this facility, at the direction and to the satisfaction of the Cranston Fire Marshal.  The Board hereby grants the Applicant a time variance of 90 days from the date of this Decision to issue a Request for Proposals (RFP) and secure a qualified bidder for the project and an additional 120 days, from the end of the original 90 days, to actually complete this project at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6, at the direction and to the satisfaction of the Cranston Fire Marshal.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7, at the direction and to the satisfaction of the Cranston Fire Marshals Office.
	8.  Regarding the potential sprinkler coverage of this facility, the Board suggests that the Applicant and the Cranston Fire Marshal develop any planned sprinkler coverage of this facility based upon the actual, as opposed to the projected, occupancy of this facility.  Accordingly, the parties should review both actual historical ticket sales and the proposed permanent seating arrangements in determining the extent of sprinkler coverage.  Again, if coverage is necessary, the Board hereby grants the Applicant a time variance of 90 days from the date of this Decision to issue a Request for Proposals (RFP) and secure a qualified bidder for the project and an additional 120 days, from the end of the original 90 days, to actually complete this project at the direction and to the satisfaction of the Cranston Fire Marshals 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)].