The above captioned case was scheduled for hearing on December 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Pearson, Coutu, Evans, Newbrook, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Deputy State Fire Marshal David Costa of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 10, 2002 hearing on this matter, the Board was advised and finds that the Applicant sought a variance from the provisions of RIGL Section 23-28.6-20 for the purposes of selling a limited number of general admission tickets (approximately 1,700) on the floor of the arena for the production of the concert tentatively scheduled for March 10, 2003.  The Board was further advised and finds that the requested variance is necessary because the total number of tickets sold will exceed 2,000.  The Board was further advised and finds that this particular concert requires that there be no seats set up on the arena floor.  General admission tickets will be offered for sale and should not exceed the number of tickets that would otherwise be available for reserved floor seating.  The Board further finds that each person who purchases a general admission ticket will be required to wear a non-transferable wristband and only those patrons wearing a wristband will be allowed admission on the floor area.  Finally, the Board was advised and finds that the artist had performed in approximately forty (40) venues during this concert tour and that the same arrangements were made in those facilities.  The Board further finds that there were no appreciable incidents as a result of allowing the general admission tickets on the concert floor.
	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 a variance from the provisions of Section 23-28.6-20 in order to allow the Applicant to sell a limited number of general admission tickets (approximately 1,700) on the floor of the arena for the Bruce Springstein concert scheduled for March 10, 2003.  The exact number of tickets shall be determined by the Providence 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)].