The above-captioned case was scheduled for hearing on April 21, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Filippi, Walker, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 21, 2009 hearing on this matter, the Board had before it a March 25, 2009 plan of action submitted by MWL Consulting to the Newport Fire Marshal's office.  The Board was further advised that there currently is a 40 by 40 foot canopy with no sides, on this facility.  The Board was further advised that the canopy meets all tent requirements of NFPA.  The Board was further advised that there were no ropes on the sides of the canopy to prevent egress and that this canopy has been in operation for approximately thirteen seasons.  
	The Board was further advised by the Newport Fire Marshal's office that it would have no objection to the lack of separation in this facility provided that the current occupancy is not converted into a nightclub occupancy.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the Applicants March 25, 2009 plan of action as outlined by the Applicants representative during the April 21, 2009 hearing as an appropriate plan of action for the canopy in this facility.  The Board further grants relief from the separation requirements conditioned upon the Applicants agreement not to convert the current assembly occupancy of this facility into a nightclub occupancy.  In the event this facility is subsequently converted into a nightclub occupancy, the parties will be directed to the Board for further consideration of the case.  
	Finally, the Board directs the Applicant to extend the fire alarm system into the tent at the direction and to the satisfaction of the Newport Fire Marshals office.

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 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: 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 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 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 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].