The above-captioned case was scheduled for hearing on August 23, 2011 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Pearson, Jasparro, Dias and Jackson 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 Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 23, 2011 hearing on this matter, the Board was advised and finds that the subject facility, the Great Friends Meeting House, was built in 1699 and is currently one of Newports oldest standing structures.  The Board was further advised and finds that this facility is the oldest house of worship in the state.  The Board was further advised and finds that this facility is occupied on a limited basis and falls under the control of the Newport Historical Society.  
	The Board was further advised and finds that the Newport Historical Society is currently completing a comprehensive use plan for all of its properties and that the Society is currently requesting variance with regard to fire alarm and sprinkler coverage for this facility.  Specifically, it is the understanding of the Board that the Applicant is requesting a time variance for the development of plans and the installation of a fire alarm system for this facility and that the Applicant is requesting a variance from installing the required sprinkler system of this facility in light of the limitation of occupancies and other factors to be reviewed herein.
	Finally, the Board notes that both the Applicant and the Newport Fire Marshals Office have reviewed and agreed upon a plan of action for this facility in the event the above relief is granted.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to review and submit a plan of action for the fire alarm upgrade of this facility to the Newport Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement that plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.  In granting this relief, the Board hereby adopts the plan of action presented by the parties as outlined herein.  Specifically, the Board directs that the Applicant shall limit the use of this facility to the first floor and restrict the occupancy to forty-nine (49) people at any one time without a firefighter detail.  In the event the Applicant wishes to increase the occupancy up to one hundred forty-nine (149) people, the Applicant shall secure a firefighter detail from the Newport Fire Marshals Office and limit this use to the two (2) southernmost rooms of the facility.  As a further condition of this variance, the Board directs that there shall be no open flame devices, and that any use without a firefighter detail shall be conducted with the Historical Societys oversight.
	2.  The Board notes that the limitation of the occupancy of this facility to no more than 149 people as outlined above would place this facility below the threshold for sprinkler coverage.  Accordingly, in the event the Applicant wishes to increase the occupancy of this facility above 149 people, the Board directs that the Applicant shall first provide this facility with approved sprinkler coverage, installed at the direction and to the satisfaction of the Newport Fire Marshals Office before implementing such an occupancy increase.

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)].