The above-captioned case was scheduled for hearing on July 30, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Assistant Deputy State Fire Marshals Wayne Clark and Christopher Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Newport Yachting Center maintains a venue in Newport that houses a variety of different events throughout the summer that are booked well in advance of each show.  The Board further finds that the events are held in tents on the grounds of the facility located at 4 Commercial Wharf in Newport. 
 The Board further finds that the Newport Fire Department has required the Newport Yachting center to submit plans showing the layout of the tents for events as they are scheduled on the calendar.  The Board finds that on or about June 21, 2013, the submitted plans were not approved by the Newport Fire Marshals Office.  The Board finds that the disapproval was based upon sections 12.2.5.3 and 12.2.5.4.  
	The Board further finds that the applicant has been in contact with the local Fire Marshals Office to discuss the issues and work out a plan of action in order to resolve any conflict under the fire code.  The Board further finds that the Applicant is asking the Board for relief from section 12.2.5.4 along with certain provisions of the statutory tent regulations found in 23-28.19 of the statutory fire code. 
	The Board finds that the subject facility has been before it previously and that the Applicant has presented many events over the years without significant safety problems.  The Board further finds that the on-site programs of this facility are highly organized, well-staffed and regularly have both police and fire details assigned to the facility.  Finally, the Board finds that the Applicant is requesting a time extension in order to provide a detailed life safety evaluation for the upcoming season in 2014.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby reaffirms the original variance granted this facility under RIGL 23-28.19-1 in order to exceed the thirty-day limit on the licensing and operation of tents within this venue.  Specifically, the Board shall authorize the Applicant to develop and submit a seasonal plan of action to the Newport Fire Marshals Office allowing for licenses and permits to be drawn on a seasonal, year-to-year basis.  
	2.  The Board hereby grants a variance from the provisions of RIGL 23-28.19-16 in order to allow the Applicant to develop and submit a plan of action to the Newport Fire Marshals Office which provides for festival seating with approved safeguards by the Newport Fire Marshals Office.
	3.  During the July 30, 2013 hearing on this matter, the Applicant did not raise the issue of whether the provisions of RI Life Safety Code section 12.2.5.4.1(2) applies strictly to buildings or whether these provisions could be extended to tents.  Accordingly, the Board shall not determine this issue at this time.  However, the Applicant did request relief from this section.  In light of this request, without deciding the underlying issue, the Board hereby grants a variance from the provisions of section 12.2.5.4.1(2) in order to allow the Applicant to maintain festival seating within the subject complex, pursuant to safeguards established by the Newport Fire Marshals Office.
	4.  The Board hereby grants the Applicant a time variance in order to allow the remaining scheduled events to proceed, at the direction and to the satisfaction of the Newport Fire Marshals Office and to further grant the Applicant additional time in order to develop and submit a plan for the 2014 season prior to the commencement of that 2014 season.  The Board requests that this plan be submitted in order to give the Newport Fire Marshals Office sufficient time to review it and to work with the Applicant in the development of any additional safeguards deemed necessary by 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)].