The above-captioned case was scheduled for hearing on 1/14/2014 at 1:00 P.M.  Present for the hearing were Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Thornton, Jackson, Richard, and Burlingame.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  The Applicant was represented by Mr. Robert Forrest and Mr. Joseph Mollo.  A motion was made by Commissioner Jackson and seconded by Commissioner Booth 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 an 11/27/2013 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the 1/14/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 11/27/2013 inspection 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 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.  [13-1513-VN]  The Board hereby grants the Applicant relief from the requirement of providing emergency forces notification for the facilitys fire alarm system, based upon the testimony of the Applicant that the facility will only be used as an organized dining facility, with tables and chairs, and an occupant load of two hundred two (202) persons.  There was no objection by the State Fire Marshals Office to this relief and the occupant load will be posted at 202 persons.
	2.  [13-1514-VN]  The Board hereby grants the Applicant relief from the requirement of providing a supervised automatic sprinkler system for the facility, based upon the testimony of the Applicant that the facility will only be used as an organized dining facility, with tables and chairs, and an occupant load of two hundred two (202) persons.  There was no objection by the State Fire Marshals Office to this relief and the occupant load will be posted at 202 persons.
	3 - 8.  [13-1515-VN through 13-1520-VN]  It is the understanding of the Board that the Applicant has corrected deficiencies  3  8.
	9.  [13-1512-VN]  The Board hereby grants the Applicant a time variance until the commencement of their 2014 season in March to certify the flame propagation performance requirements of the curtains located in the banquet hall in accordance with NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films, 2010 edition.

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)].