retrofit acceptance checklist which according to Mr. Snepp demonstrated the „“shaft pressurization”„ and „“smoke control systems did not receive passing grades”„ and there were other problems when the occupancy certificate was issued. And as amplified upon at oral argument, the December 19, 2006 broadcast displayed only a portion of the retrofit final acceptance and checklist filled out prior to the issuance of the occupancy permit. The portion that was displayed during the broadcast noted that several boxes on the checklist concerning shaft pressurization and smoke control were unchecked. Yet, right next to the unchecked boxes is Inspector Reitzell‟s handwritten note stating testing was completed on February 15, 2000. Mr. Dillon declared Inspector Reitzell‟s completion notation indicates testing was completed and approved as of February 15, 2000. Further, Inspectorby the engineering firm of M-E Engineers/Hayakawa Associates. The certification, which was in defendants‟ possession, states that the smoke control inspection report complied with building code requirements. Further, the records reviewed by Mr. Dillon indicated the arena was safe when it opened in September 1999. Also, as noted, the safety and inspection records state that the tests referred to in Log #27, a document relied upon by Mr. Snepp, were successfully completed. Another document in defendant‟s possession was the fire life safety status report. It states the smoke control system and stair pressure testing was complete on February 15, 2000. Additionally, defendants were in possession of a report which indicated that the smoke control system had been approved on February 8, 2000. The February 8, 2000 approval was