As indicated in the file, a hearing involving the above-captioned property was conducted on August 3, 2021 before a subcommittee of the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5 and Board Rule & Regulation 450-RICR-00-00-1.7.2.
	In attendance at the subcommittee hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Booth and Muto.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal James Gumbley of the State Fire Marshals Office.
APPLICANT: Paul DePace, Joseph Watson and Faye Gauthier.

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 Paul DePace ( authorized representative) of 60 Tootell Road (URI), Kingston, RI dated July 12, 2021.
3.	The Application was received by the Board and File  2021081 was opened on July 22, 2021.
4.	A hearing on the Application was conducted on August 3, 2021 at 1:00 PM before a subcommittee of the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the subcommittee hearing, a motion was made by Commissioner Booth and seconded by Commissioner Muto to recommend granting the Applicant relief as outlined herein.  The motion passed on a 4 to 0 vote.
6.	The subcommittee recommendations were subsequently presented to the Board for acceptance on August 31, 2021 at which time Chairman Newbrook and Commissioners Pearson, Walker, ODonnell & Muto were in attendance.  At that time a motion was made by Commissioner Walker and seconded by Commissioner ODonnell to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2021081 and are pertinent to the decision rendered:

1.	Variance Application  2021081 dated July 12, 2021 and filed on July 22, 2021.
a.	Attached Plan of Action dated July 22, 2021
b.	Request for expedited hearing dated July 16, 2021.
2.	State Fire Marshals Office plan of action Report dated July 22, 2021.

EXHIBITS

The following documents were presented at the August 3, 2021 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 Findings of Fact:

1.	The Decision below corresponds with the July 22, 2021 plan of action report compiled by the Applicant.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the August 3, 2021 hearing on this matter.  Accordingly, the Board hereby incorporates the July 22, 2021 plan of action 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.
2.	The facility is an existing outdoor arena grandstands, classified as an assembly occupancy, with three (3) ancillary structures located underneath, originally built in 1978.
3.	The facility is of steel and wood construction, has a compliant fire alarm system with emergency forces notification and is not provided with an approved automatic sprinkler system.
4.	The maximum occupant load of the facility based upon available egress capacity has been calculated at four thousand fifty (4,050) persons.
5.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2015 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	The Board hereby grants the Applicant a time variance of one (1) year from the date of the decision to comply with the provisions of RILSC sections 7.3.1.1.1, 13.4.9.5, 7.2.2.4.6.3, 13.2.5.6.9.1 and 13.2.5.1.2 by allowing the continued use of the outdoor grandstands while developing and implementing an approved corrective plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  In consideration of the relief granted herein, the Board directs the Applicant to comply with the following conditions:
a.	Future events shall be limited to the scheduled five (5) football games, up to two (2) additional playoff games and the possibility of utilization for a portion of the 2022 university commencement ceremonies;
b.	Occupant load for the grandstands shall be reduced to no more than three thousand eight hundred (3,800) occupants with a seating plan approved by the State Fire Marshal's Office until such time that the facility is brought into compliance;
c.	Storage of combustible materials beneath the grandstands shall be prohibited;
d.	A fire apparatus and crew detail shall be required and provided for all events, as coordinated with the Kingston Fire Department;
e.	Single-station smoke alarms shall be installed in both restrooms;
f.	Portable fire extinguishers shall be provided and installed at the direction and to the satisfaction of the State Fire Marshal's Office; and,
g.	Any parking within the field gates, including food trucks, shall be in accordance with a plan approved by the State Fire Marshal's Office and the Kingston Fire Department.

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: RIGL section 23-28.3-6 and 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)].