The above-captioned case was scheduled for hearing on April 24, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, Pearson, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Leber of the Newport Fire Marshal’s Office and Chief William Howe of the State Fire Marshal's Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the April 24, 2001 hearing on this matter, the Board was advised and finds  that the Applicant sought variances from the provisions of sections 23-28.6-3 and 6 in order to increase the current maximum occupancy of this facility, from 1700 to 5000 people, during special events and functions.  The Board was further advised and finds that this facility is an outdoor place of assembly consisting of approximately 134,400 square feet of open space.  

The Board also finds that the original square footage and occupancy restrictions were based upon the limited egress through the structural walls that surround the above open space.  The Board further finds that the above outdoor place of assembly (parade area) would support an occupancy of 19,200 people at seven (7) square feet per person if there were proper egress.  The Board further finds that the Applicant's proposed limit of 5000 people would allow for effective, but non-segregated, horizontal egress from one portion of the parade area to another.  

The Board finds that the “Life Safety Evaluation”, submitted by the Applicant and incorporated herein by reference as “Exhibit A”, provides an effective plan of action for the life safety of the occupants of this outdoor place of assembly. Further, the Applicant has agreed to consult with the Newport Fire Marshal, prior to the above special events and functions, and to comply with any additional directives of that office. Finally, in light of the above, the offices of the State and Newport Fire Marshals did not voice an objection to the requested relief.

It is the understanding of the Board that all other fire safety code deficiencies, in this facility, have been corrected by the Applicant. 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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of sections 23-28.6-3 & 6 in order to allow the Applicant to increase the maximum occupancy of this outdoor place of assembly, during special events, to 5000 people in accordance with the procedures outlined in the “Life Safety Evaluation” incorporated herein by reference as “Exhibit A”.  In granting this variance, the Board directs the Applicant to provide this facility with Newport Fire Department fire fighter(s) on duty and/or Newport Fire Department EMT(s), at the direction and to the satisfaction of the Newport Fire Marshal, during each of the above special events.  The Board further directs the Applicant to coordinate the placement and use of tents and/or temporary cooking facilities with the Newport Fire Marshal's Office and to further comply with all related directives from that office. 

The above plan is for events that exceed the allowed occupancy of 1,700 people. For all events in which the occupancy is not to exceed 1,700 people, the Applicant is simply directed to continue to work with the Newport Fire Marshal and comply with the normal fire code requirements for that occupancy.

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)].