The above-captioned case was originally assigned to a subcommittee of the Board who toured this facility on June 15, 2005.  As a result of the subcommittee review, the Applicant and the Newport Fire Marshal’s office were advised to develop and present a plan of action addressing the fire safety deficiencies within this facility.  The case was thereupon re-scheduled for hearing on July 19, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Evans, Newbrook, Burlingame, Pearson, Filippi, O’Connell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Harry J. Hallgring, Jr. of the Newport Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this was originally a single family home that has been converted into a museum and is also utilized for special events.  The Board further finds that this facility has come before it and variances were previously granted in file numbers 930128 and 020024.  Accordingly, the Board hereby adopts its findings of fact in file numbers 930128 and 020024 as its initial findings of fact in this case.  In addition, the Board finds that, with regard to the special events, there are two (2) types.  The Board finds that the first type of event would take place in tents located on the lawn at the rear of the building.  The Board further finds that guests, attending these events, would file through the Breakers Grand Hall to the large open doors to the outside event.  The Board further finds that these events typically accommodate a thousand (1,000) or more people and require a detail of one or more firefighters assigned by the Newport Fire Marshal’s office.  
	
The Board finds that the second type of event is where the Grand Hall is actually utilized as an assembly space.  The Board further finds that these events may include seating such as for the Newport Musical Festival or for events such as the Governor’s Ball where seating is limited.  The Board further finds that the Applicant and the Newport Fire Marshal’s office have developed plans of action addressing these more limited events.  Finally, the Board notes that strict compliance with the fire code could destroy the historic character of this building.  However, the Board finds that the proposed alternative plan of compliance would meet the needs of the historical community without compromising the safety of the occupants and visitors to this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  During the July 19, 2005 hearing on this matter, the Board was presented with a July 13, 2005 plan of action developed by the Applicant’s consultant.  The Board was further advised during the July 19, 2005 hearing, that Newport Fire Marshal Hallgring had reviewed the July 13, 2005 plan of action and had no objection to the Board’s approval of this plan and the timetables.  During the July 19, 2005 hearing, the parties further agreed to allow the Applicant to explore the possibility of utilizing a water mist sprinkler system in accordance with NFPA 750 within this facility.
	
Accordingly, the Board hereby approves the Applicant’s plan of action and timetables as outlined in the July 13, 2005 consultant’s letter.  In approving this plan, the Board notes that the Newport Fire Marshal’s office has no objection.  The Board further grants the Applicant and the Newport Fire Marshal’s office the option of utilizing three (3) additional types of sprinkler coverage within this facility.  The first option would be a properly engineered pre-action system.  The second option would be the installation of a dry system.  The third option would be the installation of a water mist system in accordance with the provisions of NFPA 750.  Should the Applicant wish to explore the NFPA 750 system, the Board directs the Applicant and the Newport Fire Marshal’s office to agree to a third party engineer to review the system and approve the same for installation within this facility.  The Board notes that the above relief is granted pursuant to the Applicant’s agreement to work with the Newport Fire Marshal’s office in limiting the number of people touring the attic and the basement of this facility at any one time after the above plan of action is complete.

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).
	
The 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)].