As indicated in the file, a hearing involving the above-captioned property was conducted on May 2, 2017 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, Vice-Chairman Blackburn and Commissioners Pearson, Jackson, Sylvester and Thornton.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Stephen Hughes of the East Greenwich Fire Marshals Office.
APPLICANT: Robert Wilmarth.
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 Robert Wilmarth (authorized representative) of East Greenwich School Department, 111 Peirce Street, East Greenwich, RI dated April 3, 2017.
3.	The Application was received by the Board and File  170054 opened on April 4, 2017.
4.	This issue was previously heard by the Board on May 3, 2016 at which time a one-time variance was granted in Decision  160048 dated May 12, 2016.
5.	The matter was initially scheduled for hearing on April 25, 2017 but was reassigned until May 2, 2017 due to the Applicant failing to appear after having been given notice.
6.	A hearing on the Application was conducted on May 2, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
7.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Sylvester 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  170054 and are pertinent to the decision rendered:

1.	Variance Application  170054 dated April 3, 2017 and filed on April 4, 2017.
2.	East Greenwich Fire Marshals Office Report dated April 4, 2017.
3.	Decision  160048 dated May 12, 2016.
4.	Reschedule Notice dated April 26, 2017.

EXHIBITS

The following documents were presented at the May 2, 2017 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  160048 dated May 12, 2016 and the Applicants revised plan of action.  The above Decision and plan utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the May 2, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates Decision  160048 dated May 12, 2016 and the Applicants revised plan of action 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.
2.	The proposed temporary membrane structure (special amusement building) will be situated inside the East Greenwich High School gymnasium which is an existing assembly occupancy and will be utilized on May 13/14, 2017 from approximately 11:00 PM until 5:00 AM for a school-sponsored after-prom event.
3.	The event will be attended by approximately 200  250 students and supervised by approximately 50  75 parent volunteers.  In addition, police and fire detail personnel will be provided and access/egress to the event restricted and supervised.
4.	There is no objection by the East Greenwich Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 11.10.1.5 by allowing the existing certification to NFPA 701 (1999) for the proposed temporary membrane structure to be deemed equivalent compliance to the current requirements of NFPA 701 (2010).  In consideration of the relief granted herein, the Board directs the Applicant to comply with any additional safeguards or conditions required by the East Greenwich Fire Marshals Office including, but not limited to providing a firefighter(s) detail for the duration of the event.
2.	The Board further authorizes the East Greenwich Fire Marshal the authority to extend this relief on an annual basis, provided that the conditions and circumstance remain consistent and subject to any safeguards deemed necessary.  Denial of any extension by the AHJ or any conditions attached thereto shall be subject to review by the Board upon request of the Applicant.

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).

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)].