As indicated in the file, a hearing involving the above-captioned property was conducted on September 13, 2022 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Sections 23-28.3-5 and 42-46-3.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Walker, ODonnell, Muto and Spaziani.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: State Fire Marshal Timothy McLaughlin and Deputy State Fire Marshals David Pastore and Ami CinqMars of the State Fire Marshals Office.
APPLICANT: Paul DePace, Wade Palazini and David Odeh.


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 August 10, 2022.
3.	The Application was received by the Board and File  2022088 was opened on August 16, 2022.
4.	The property was previously before the Board on August 31, 2021 at which time Decision  2021081 was issued dated October 29, 2021.
5.	A hearing on the Application was conducted on September 13, 2022 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After consideration of the application, the testimony of the witnesses and of the entire record presented to the Board, and after carefully reviewing such information, a motion was made by Commissioner Pearson and seconded by Commissioners ODonnell and Muto to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 1 vote with Commissioner Walker voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  2022088 and are pertinent to the decision rendered:

1.	Variance Application  2022088 dated August 10, 2022 and filed on August 16, 2022.
2.	Applicants Request for expedited hearing dated August 12, 2022.
3.	Applicants initial Plan of Action dated August 23, 2022.
4.	State Fire Marshals Office Inspection Report dated August 23, 2022.
5.	Reschedule Notice dated  August 31, 2022.
6.	Decision  2021081 dated October 29, 2021.

EXHIBITS

The following documents were presented at the September 13, 2022 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 numbers of the Decision below correspond with those of the August 23, 2022 inspection report compiled by the State Fire Marshal's Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the September 13, 2022 hearing on this matter.  Accordingly, the Board hereby incorporates the August 23, 2022 inspection 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 three thousand four hundred (3,400) persons.
5.	It is agreed to by the parties that the following violations have been corrected: 6  11 and 13  15, and that violation  12 has been withdrawn as not applicable.
6.	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, (2018 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, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-8.

1.	OCCUPANT LOAD: The Board hereby grants the Applicant a time variance of six (6) months from the date of this hearing to comply with the provisions of RILSC sections 13.1.7.1 and 7.3.1.1 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.	Continued occupancy of the grandstands for events shall be restricted to the scheduled 2022 football regular season games and any additional playoff games, through the end of December 2022;
b.	Occupant load for the grandstands shall be limited to no more than three thousand four hundred (3,400) occupants with a seating plan approved by the State Fire Marshal's Office until such time that the facility is brought into full compliance;
c.	An additional four (4) sets of temporary stairs shall be provided and installed prior to occupancy, at the direction and to the satisfaction of the State Fire Marshal's Office;
d.	Storage of combustible materials beneath the grandstands shall be prohibited;
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;
g.	An approved number of certified crowd managers shall be provided whenever the grandstands are occupied, at the direction and to the satisfaction of the State Fire Marshal's Office;
h.	A written Emergency Action Plan for the facility shall be developed and maintained;
i.	A written Snow Removal Plan for the facility shall be developed and maintained;
j.	 A written No Smoking Plan for the facility shall be developed and maintained; and,
k.	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.
l.	As agreed to by the parties and directed by the Board, upon the expiration of this time variance there shall be no further occupancy of the grandstands until such time that all violations have been corrected.
m.	As agreed to by the parties and directed by the Board, there shall be no further continuances or extensions relating to these violations considered or granted.
2.	SPACES UNDERNEATH GRANDSTANDS: The Board hereby grants the Applicant the same time variance as set forth in  1 above to comply with the provisions of RILSC section 13.4.9.5, subject to the same conditions.
3.	HANDRAILS AND GUARDS: The Board hereby grants the Applicant the same time variance as set forth in  1 above to comply with the provisions of RILSC sections 13.4.9.6.3 and 7.2.2.4.6.3, subject to the same conditions.
4.	HANDRAILS AND GUARDS: The Board hereby grants the Applicant the same time variance as set forth in  1 above to comply with the provisions of RILSC sections 13.2.1, 7.2.2.4.1.1, 7.2.2.4.1.6 and 13.2.5.6.9.2, subject to the same conditions.  In consideration of the relief granted herein, the Applicant stipulates to the following: Efforts have been made with the contractor to expedite the handrail installation process.  The process of shop drawing approval, field measurements, material procurement, and fabrication is in process and will proceed throughout the duration of the season.  If through this process, any handrails are ready to be installed prior to the end of the season, they will be installed.  Fabrication of handrails for the lower portions of the grandstand will be prioritized.  It is not the intent of this stipulation to install handrails in the areas where the new cross aisles will eventually be constructed.
5.	EGRESS: The Board hereby grants the Applicant the same time variance as set forth in  1 above to comply with the provisions of RILSC sections 13.2.5.1.1, 13.2.5.1.2 and 7.5.1.1.4, subject to the same conditions.
6.	This deficiency/violation has been corrected.
7.	This deficiency/violation has been corrected.
8.	This deficiency/violation has been corrected.
9.	This deficiency/violation has been corrected.
10.	This deficiency/violation has been corrected.
11.	This deficiency/violation has been corrected.
12.	This deficiency/violation has withdrawn  not applicable.
13.	This deficiency/violation has been corrected.
14.	This deficiency/violation has been corrected.
15.	This deficiency/violation has been corrected.
16.	EGRESS: The Board hereby grants the Applicant the same time variance as set forth in  1 above to comply with the provisions of RILSC section 13.2.10, subject to the same conditions.  In consideration of the relief granted herein, the Board directs the Applicant to provide additional exit markings at the base of each vomitory stair prior to occupancy.

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)].