The above-captioned case was scheduled for hearing on May 3, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Evans, Pearson and Filippi were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshal’s Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

By letter dated March 23, 2005, the Board was advised and finds that the Applicant is in the process of renovating this entire facility.  The Board was further advised and finds that the owners and the architect are currently developing plans for the future use of the arena area of this facility.  The Board was further advised and finds that the arena is currently unoccupied and that the Applicant is proposing to provide limited smoke beam detector coverage until such time as a new use of the arena space is determined by the parties.  Once the new use is determined, the Applicant has agreed to provide approved sprinkler and fire alarm protection throughout, in accordance with the code, at the direction and to the satisfaction of the Newport Fire Marshal’s office.  It is the further understanding and finding of the Board that the remaining portions of this facility shall be provided with approved sprinkler and fire alarm coverage, at the direction and to the satisfaction of the Newport Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants the Applicant relief from the sprinkler and total fire alarm requirements for the arena space while this area is unoccupied, pursuant to the conditions outlined below.  As a condition of the variances granted herein, the Board hereby directs the Applicant to install two (2) levels of smoke beam detectors in the vacant arena space on or before July 1, 2005.  The spacing of the beam detectors shall follow the manufacturer’s recommendation for open space protection, and the beams shall be installed at levels that follow the slope of the seating presently in the arena.  The above beams shall be connected to the renovated fire alarm system and will become part of the municipally connected fire alarm system that is being planned for installation.  As a further condition of this relief, the Board directs that all occupied spaces shall be separated from the arena using a minimum of two (2) hour rated construction and all necessary openings will be suitably protected with one and one half (1½) hour rated opening protectives.  As a further condition of this variance, the Board directs that once the plans for the conversion of the arena are complete, complete fire protection plans and sprinkler coverage shall be developed and implemented at the direction and to the satisfaction of the Newport Fire Marshal prior to occupancy.  As a further condition of this relief, the Board directs that the interim evacuation plan for the rest of the space be developed and presented to the Newport Fire Marshal’s office within fifteen (15) days of the date of this decision.  The Board further directs the Applicant to allow the Newport Fire Marshal’s office to verify the fuel load and to monitor this load in the former arena area to assure that it will not be used for storage.  The Board further directs that the Newport Fire Marshal’s office will be advised as to all renovations.  The Board further notes that the above variance is temporary in nature and shall cease upon the re-occupancy of this area pursuant to the above conditions.  Finally, the Board notes that this file shall be allowed to remain open in order to allow the parties to return in the event there are any questions or there is a need for additional relief.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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 6-2-17).
	
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 6-2-18.)  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 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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 6-2-20).
	
he Applicant may appeal the Board’s 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].