As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 22, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Jackson, Sylvester, Booth and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office.
APPLICANT: Ron Fraser and John Dorsey, Esq.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Ron Fraser (authorized representative) of 100 Twin River Road, Lincoln, RI dated April 13, 2018.
3.	The Application was received by the Board and File  180050 was opened on May 2, 2018.
4.	A hearing on the Application was conducted on May 22, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioners Jackson and Sylvester to grant the Applicant the 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  180050 and are pertinent to the decision rendered:

1.	Variance Application  180050 dated April 13, 2018 and filed on May 2, 2018.
a.	Applicants Plan of Action with exhibits dated April 23, 2018.
2.	Tiverton Fire Marshals Office Plan Review Report dated February 22, 2018.

EXHIBITS

The following documents were presented at the May 22, 2018 hearing as exhibits:

1.	AHJs partial floor plans (2 pages).

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 the February 22, 2018 plan review report compiled by the Tiverton Fire Marshals Office and the Applicants April 23, 2018 plan of action.  The above reports were utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the May 22, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the February 22, 2018 plan review report and the April 23, 2018 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 Board finds that the 0 William S. Canning Boulevard street address used in the variance application was a temporary address used for permitting purposes and that the officially-adopted legal address for the property is now 777 Tiverton Casino Boulevard.
3.	The building is a new assembly (casino gaming facility) occupancy currently being constructed.
4.	The building will have a compliant fire alarm system with emergency forces notification and will be provided with an approved automatic sprinkler system.
5.	The maximum occupant load of the facility has been calculated at three thousand nine hundred (3,900) persons.
6.	There is no objection by the Tiverton 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 7.2.1.6.2.4, 5 and 6 by allowing the installation of so-called man-trap doors in the count or money rooms.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	The hallway connecting the count or money rooms shall be limited to facility employees only;
b.	The facility shall maintain a uniformed firefighter detail as determined by the AHJ during all hours of operation;
c.	The doors, hallways and all relevant spaces within the locked area shall be monitored 24/7 by video surveillance in a secured surveillance control room located outside of the locked areas where the count or money rooms are located;
d.	Emergency door lock release controls shall be provided in the surveillance control room;
e.	Two-way communications capabilities between the locked areas and the surveillance control room shall be provided;
f.	The surveillance control room shall have no less than two (2) personnel on duty at all times; and,
g.	Emergency operations training shall be provided to all facility staff who are assigned to and work in these areas.

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 constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(V)].
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: FSC section 450-RICR-00-00-1.7.2(W)].  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 FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(X)].
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 RIGL section 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:  FSC section 450-RICR-00-00-1.7.2(Y)].
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 42-35-12, 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: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].