The above-captioned case was scheduled for hearing on 2/25/2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice-Chairperson Filippi and Commissioners Booth, Thornton, Jackson, Richard, Blackburn and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  The Applicant was represented by Ms. Kathllen Staab.  A motion was made by Commissioner Jackson and seconded by Commissioners Thornton to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	This matter was previously before the Board on June 23, 2009 at which time Decision 060674 was issued addressing many of the same issues cited below.  The numbers of the Decision below correspond with those of a 9/16/2013 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the 2/25/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 9/16/2013 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  4, 7  8, 15  18 and 24.  It is the understanding of the Board that deficiencies 1, 2, 3, 4, 7, 8, 15, 16, 17, 18 and 24 have been corrected at the direction and to the satisfaction of the Newport Fire Marshals Office.
	5.  The Board hereby reaffirms the previously-granted relief and grants the Applicant a variance from the provisions of sections 7.2.2.2.1.1(2) and Table 7.2.2.2.1.1(b), in order to allow the Applicant to maintain the existing stair from the projection room of this facility.  This variance is based upon structural hardship in light of the limited use of this stair by persons needing access to the projection room.
	6.  The Board hereby reaffirms the previously-granted relief and grants the Applicant a variance from the provisions of section 7.2.1.2.3 in order to allow the Applicant to maintain the existing cited door width of the doors located at the rear balcony of this facility.  In granting this relief, the Board notes that this area has five (5) other exits and that the Applicant shall reduce the maximum occupant load of this occupancy as outlined in item 9 below.
	9.  The Board hereby reaffirms the previously-granted relief and grants the Applicant a variance from the provisions of section 13.3.5.1 in order to allow the Applicant to reduce the maximum occupant load of this theater to four hundred ninety-six (496) patrons and an additional three (3) staff members in order not to provide this facility with sprinkler coverage.  The Board further directs that in accordance with a plan of action approved by the Newport Fire Marshals Office the first three hundred (300) persons shall be limited to the first floor only, the next one hundred ninety-six (196) person shall be permitted on the second floor provided that a firefighter detail is assigned by the Newport Fire Department.
	10.  The Board hereby reaffirms the previously-granted relief and grants the Applicant a variance from the provisions of sections 13.7.4.1 and 10.3.1 in order to allow the Applicant to maintain the existing decorative fabric on the theater walls of this facility.  In granting this relief, that Board has been advised by the Newport Fire Marshals office that a field test sample had been taken and that the material that currently covers the theater walls does not support combustion.
	11.  The Board hereby reaffirms the previously-granted relief and grants the Applicant a variance from the provisions of sections 7.2.1.2.3 and 13.2.5.6.3 in order to allow the Applicant to maintain the existing door width and to further widen the egress aisles of this facility by removing seats at the direction and to the satisfaction of the Newport Fire Marshals office.  The Board notes that these seats have been removed in order to meet the occupant load reduction requirements of item 9 above.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days in order to develop a plan of action for the correction of deficiency 12 by installing two (2) heat detectors over the stage area.  The Board further grants the Applicant an additional one hundred fifty (150) days in order to implement this plan of action at the direction and to the satisfaction of the Newport Fire Marshals Office.
	13.  The Board hereby grants the Applicant an equivalency and time variance as outlined in item 12 above in order to maintain the existing railings at the bottom of the balcony aisles.  In consideration of this relief, the Board directs that the first row of balcony seating shall not be utilized thereby providing a clear area of approximately 5-1/2 feet of clear area at the bottom of the balcony aisles.  The Board notes that a firefighter detail is provided whenever the balcony area is utilized.
	14.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 14 by installing a domestically-supplied sprinkler head and a heat detector over the boiler and to provide a self-closing device for the boiler room door, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	19.  It is the understanding of the Board that the Applicant has complied with crowd manager training.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to provide crowd manager training to an additional staff member, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	20.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 20 by installing occupant load signs in the area of the main exits, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	21.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 21 by installing approved covers on all open electrical boxes in the basement, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	22.  It is the understanding of the Board that deficiencies 22(a), (d) and (e) have been corrected at the direction and to the satisfaction of the Newport Fire Marshals Office.  Deficiency 22(b) has been addressed in item 12 above and deficiency 22(c) has been addressed in item 14 above.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 22(f) by repairing or replacing any deficient fire alarm wiring in the basement, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	23.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 23 by providing approved emergency lighting throughout the facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	In granting the above relief, it is the understanding of the Board that there is no objection by the Newport Fire Marshals Office.  The Board further grants the Newport Fire Marshals office the authority to extend any of the above timelines for good faith efforts being shown by the Applicant.

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)].