The above-captioned case was scheduled for hearing on April 17, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jasparro, Sylvester and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 16, 2012 plan review report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicants representative and the Newport Fire Marshals Office during the April 17, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the April 16, 2012 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the April 17, 2012 hearing on this matter, the Board was advised that the Applicant shall provide this facility with a full approved sprinkler system and a full approved municipally connected fire alarm system.  The Board was further advised that the current capacity of this facility, based upon egress, was approximately eighty (80) people.  As outlined in item 5 below, the Board notes that the capacity may be increased by the Newport Fire Marshals Office without returning to the Board. 
	In light of the unique configuration of this facility, the Board hereby grants a variance from the provisions of section 8.3 and its referenced standards in order to allow the Applicant to maintain a permanent designated properly marked exit access path through this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The above path shall be protected by the general sprinkler coverage within this facility and shall not be required to be separated from the remainder of the facility.  The above path shall be at least forty-four inches (44) wide, properly designated and equipped with a skid-resistant surface, installed at the direction and to the satisfaction of the Newport Fire Marshals Office, in order to allow for the rapid and safe evacuation of this facility.  The above path shall be installed within a timetable established by the Newport Fire Marshals Office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by leveling the cited walking surfaces as far as practical, at the direction and to the satisfaction of the Newport Fire Marshals Office within a timetable established by that Office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the walking surfaces of this facility with approved slip-resistance on an as-needed basis, at the direction and to the satisfaction of the Newport Fire Marshals Office, within a timetable established by that Office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the cited areas of this facility with approved new steps installed at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.  
	5.  The Board notes that the current capacity of this facility has been calculated at approximately eighty (80) people.  The Board further notes that the potential occupancy of this facility is significantly greater.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the current capacity and to further allow the Newport Fire Marshals Office to increase that capacity based upon egress and other components within this facility, without having to return to the Board.
	6.  The Board hereby grants a variance from the provisions of section 7.5.1.3.2. in order to allow the Applicant to maintain the existing remoteness of exits within this unique facility.  This variance is based upon structural hardship in the absence of an objection by the Newport Fire Marshals Office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 at the direction and to the satisfaction of the Newport Fire Marshals Office, by marking and posting the exit access and fire lane with appropriate signage, at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.
	8.  It is the understanding and direction of the Board that the Applicant correct deficiency 8 by providing the cited doors with approved panic hardware at the direction and to the satisfaction of the Newport Fire Marshals office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing a forty-four inch (44) clear width on the exterior exit access.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by properly illuminating the means of egress within this facility, at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with approved emergency lighting, at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by bringing the commercial cooking equipment of this facility into compliance with NFPA 96, at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing this facility with approved portable fire extinguishers, installed at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.
	Note:  It is the understanding of the Board that both the Applicants representative and the Newport Fire Marshals Office are in agreement to execute the above plan of action as presented, and that neither party had an objection to this plan of action.

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)].