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 Mr. Mark Kellner and Mr. Gary Lash (letter of authorization on file).  A motion was made by Commissioner Thornton and seconded by Commissioners Blackburn, Booth and Jackson 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 10/2/2013 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 10/2/2013 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.  The Board hereby grants the Applicant a variance from the provisions of section 11.5.2.2 in order to maintain the existing single means of egress based upon a structural hardship and the unique island-like configuration of the property and its access system.
	2.  The Board hereby grants the Applicant a time variance until May 10, 2014 for the correction of deficiency 2 by providing the necessary employee training in accordance with NFPA 303 section 4.3 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	3.  The Board hereby grants the Applicant a time variance as outlined in item 2 in order to correct deficiency 3 by installing approved portable fire extinguishers throughout the facility and piers at the direction and to the satisfaction of the Newport Fire Marshals Office.
	4.  The Board hereby grants the Applicant a time variance as outlined in item 2 in order to correct deficiency 4(a)  4(d) by installing fire alarm initiating devices in the cited locations at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board further grants the Applicant an equivalency and time variance as outlined in item 2 in order to correct deficiency 4(e) by installing 110 volt AC heat and/or smoke alarms with external notification in the cited locations at the direction and to the satisfaction of the Newport Fire Marshals Office
	5.  The Board hereby grants the Applicant a variance from the provisions of NFPA 303 section 6.4.1 in order to not install the required Class I standpipe system.  In consideration of this relief, the Board hereby grants the Applicant an equivalency and time variance as outlined in item 2 in order to mitigate deficiency 5 by providing a portable fire pump for the facility at the direction and to the satisfaction of the Newport Fire Marshals Office.  The Board notes that this alternative method of water supply compliance is consistent with the provisions of NFPA 1, Chapter 28 Marinas, Boatyards, Marine Terminals, Piers, and Wharves.
	6.  The Board hereby grants the Applicant a time variance as outlined in item 2 in order to correct deficiency 6 by installing the required signage on the sliding door to the enclosed porch at the direction and to the satisfaction of the Newport Fire Marshals Office.
	7.  The Board hereby grants the Applicant a time variance as outlined in item 2 in order to correct deficiency 7 by treating all combustible furnishings and decorations throughout the facility and piers with an approved fire retardant coating at the direction and to the satisfaction of the Newport Fire Marshals Office.
	8  10.  It is the understanding of the Board that Applicant has corrected deficiencies 8, 9 and10 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	11.  The Board hereby grants the Applicant a time variance as outlined in item 2 in order to correct deficiency 11 by providing an approved storage cabinet for all flammable liquids 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.

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)].