The above captioned case was scheduled for hearing on December 17, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Newbrook, Preiss, Wahlberg, and Pearson were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 17, 2002 hearing on this matter, the Board was advised and finds that the facility in question is a single-story horse stable with an attached indoor riding arena.  The Board was further advised and finds that the Applicant plan to utilize this facility for a one- (1) time concert to be scheduled sometime between April and October of 2003.  The concert area is approximately 15,000 square feet and the Applicant projects a maximum of approximately 1,200 patrons in attendance.  The Applicant has further advised the Board that there is no storage of hay in this building and that the rubberized surface of the riding area is completely non-combustible.   The Board was further advised that this facility is fire alarmed and that the horse area is fully sprinklered and that the Applicant shall maintain the seating arrangement approved by the State Fire Marshals Office.  Finally, the Board was advised and finds that all sliding doors shall be held open during the event and push bars shall be provided on all personnel doors.  A minimum of one (1) paid firefighter on detail shall be provided during this event, at the direction and to the satisfaction of the State 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws. 
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance in order to allow the Applicant to utilize this facility as a one-time place of assembly for a concert scheduled sometime between April and October of 2003.  In granting this variance, the Board directs the Applicant to comply with its understanding as outlined in the findings of fact above and to further comply with the recommendations of the State Fire Marshal, as applicable, contained in the November 18, 2002 inspection report of this facility.
	The above concert shall be limited to 1,200 patrons with a seating arrangement approved by the State Fire Marshal.  Push bars shall be installed on all personnel doors and the sliding doors shall be maintained open during the event.  Finally, a minimum of one (1) paid firefighter on detail shall be provided to the satisfaction of the State Fire Marshals Office.	
	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.  
	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.   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.  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.  
	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)].