The above-captioned case was scheduled for hearing on December 3, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Jackson, Thornton, Burlingame, Blackburn and Richard were present.  Commissioner Booth recused himself from consideration of this case.  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 Thornton and seconded by Commissioner Richard 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 March 11, 2013 inspection report compiled by the Newport Fire Marshals Office along with a November 26, 2013 plan of action addressing the items in the deficiency report and compiled by the Applicants consultant, MWL Consulting Company.  The above inspection report and plan of action were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the December 3, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the March 11, 2013 inspection report along with the November 26, 2013 plan of action 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 Authority Having Jurisdiction (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 the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 1 as outlined herein.  The Board further grants the Applicant an additional 150 days to implement the above plan of action, at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that the above plan of action shall include the upgrade of the radio box and compliance with most of the items listed on the fire alarm worksheet developed by the parties.  The Board hereby grants a variance to allow the Applicant and the Newport Fire Marshals Office to determine those historically significant areas where the installation of heat detection, smoke detection and/or notification devices would potentially damage the decorative ceilings and/or walls of this facility.  The parties are further directed to develop a plan of action for all of the unoccupied areas of this facility that are not utilized in tours, in order to provide these areas with appropriate detection, at the direction and to the satisfaction of the Newport Fire Marshals Office.  This file shall be held open to allow the parties to return in the event any questions arise as to the nature and scope of the above variance and directed plan of action.
	2.  The Board hereby grants a variance in order to allow the Applicant to cap the interior occupant load of this facility at 299 persons except for special events, at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is the understanding of the Board that generally the expansion of occupancy shall be limited to outside areas except where approved by the Newport Fire Marshals Office.  Accordingly, the Board has determined that this facility shall not be required to be sprinklered.  Finally, the Board notes that the Newport Fire Marshals Office has no objection to this relief.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing approved panic hardware on the cited gift shop exit door, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly fire rating the cited materials in those areas where it is determined that compliance will not damage the historical material.  The Board hereby grants the Applicant relief to work with the Newport Fire Marshals Office to determine those areas in which compliance could potentially damage the historic material.  If the parties are in agreement, the relief shall be granted.  If the parties are in dispute, they may return to the Board for further review.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing operational exit signage in the great room at the direction and to the satisfaction of the Newport Fire Marshals Office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by properly hanging the cited fire extinguishers throughout this facility.
	7.  The Board hereby grants a variance from the provisions of sections 13.3.1 and 8.6 in order to allow the applicant to maintain the open main stair and great room along with the servants stairway.  In granting this relief, the Board notes that door closers and magnetic hold-open devices will be provided where practical, at the direction of the Newport Fire Marshals Office.  Where such devices are not practical, the doors will be maintained closed.  Finally, the Board notes that relief is granted for the interior finish such as wainscoting in the egress passageways and stairwells of this facility.  
	8.  The Board directs the Applicant to correct deficiency 8 by providing the cited third and fourth floor bedrooms with approved CO detection.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the Newport Fire Marshals Office with approved crowd management certification.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing the boiler with an approved remote shut-off switch.
	11.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop a plan of action to address all of the above deficiencies.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of 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)].