The above-captioned case was scheduled for hearing on August 5, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jasparro, Richard, Jackson, Preiss, Pearson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Wayne Clark of the Newport Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 25, 2008 plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the August 5, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the July 25, 2008 plan review 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. 
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 12.2.4.4 in light of the fact that a second means of egress cannot be designed given the dock configuration and that the Applicant has proposed a plan of action, outlined below, which would affect equivalent fire safety.  
	Accordingly, as a condition of this variance, the Board directs the Applicant to implement the proposed plan of action which includes the fact that this facility would be utilized by VIP personnel and be tightly controlled with security and a door man.  The facility would be further surrounded by occupants on boats who would have a high expectation of continued decorum.  The facility would be operated at ground level and the facility would be limited in time to that period between Memorial Day and Labor Day.
	In addition, the Board notes that the Applicant would reverse the gate swing to an out-swing and provide the requested hardware as directed, as outlined in item 2 below.  The Board further notes that the Applicant would provide proper illumination of the egress system and proper signage for the Dockside and Tiki Bar at the direction and to the satisfaction of the Newport Fire Marshal.  The Applicant would further reduce the occupant load from 333 to 200 people and maintain the gate capacity of 290 people.
	Further, the Board notes that the Applicant shall provide the following operational precautions/conditions.  First, there shall be no cooking or propane gas.  Second, there shall be no smoking.  Third, there shall be maintained control over the egress and access systems.  Fourth, the Applicant shall provide approved fire extinguishers at the direction and to the satisfaction of the Newport Fire Marshal's office and fifth, this operation shall not be located near any fuel dispensing operation.
	In addition, the Applicant will work with the Newport Fire Marshal to ensure that there will not be a tent with sides on the dock structure and if the Applicant determines that a tent is necessary in the future, he must initially go to the Newport Fire Marshal's office for approval.  The Board further notes that the operation will be gated to the dock, at the direction and to the satisfaction of the Newport Fire Marshal's office and it will be utilized as an emergency means of escape and will not be locked during occupancy.   Finally, the Applicant shall maintain an approved egress path from the main building open for travel through this area.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by reversing the door (gate) swing in the direction of travel and to provide the above door (gate) with appropriate hardware at the direction and to the satisfaction of the Newport Fire Marshal's 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)].