A hearing involving the above-captioned case was conducted on 3/25/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Jackson, Richard, Blackburn, Burlingame and Sylvester.  Also in attendance was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The authority having jurisdiction was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  The Applicant was represented by Ms. Jennifer Tuleja.  A motion was made by Commissioner Sylvester and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed unanimously.

TRAVEL OF THE CASE

	1.  An inspection of the above property was conducted by the Newport Fire Marshals Office on August 28, 2013 with an inspection report issuing on August 28, 2013.
	2.  The Applicant filed an application for variance on January 7, 2014 in accordance with Fire Safety Code Section 6.
	3.  The matter originally appeared before the Board on February 25, 2014 at which time it was reassigned to March 25, 2014 in order for the Applicant to develop a plan of action.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 140015 and are pertinent to the decision rendered:

1.	Newport Fire Marshals Office Inspection Report dated August 28, 2013.
2.	Variance Application 140015 dated January 7, 2014.
3.	Letter of authorization from Redwood Library President Edwin G. Fisher dated November 6, 2012.

FINDINGS OF FACT

	The numbers of the Decision below correspond with those of the 8/28/2013 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 3/25/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 8/28/2013 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 time variance of ninety (90) days from the date of this hearing in which to provide approved crowd manager training to at least one (1) staff member in accordance with section 13.7.6.1, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	2 & 3.  The Board hereby grants the Applicant a variance from the provisions of sections 7.2.1.4.2 and 13.2.2.2.3 in order to maintain the existing door swing and lack of panic hardware on the main egress doors and Harrison Room doors.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshals Office has approved a seating plan of less concentrated use submitted by the Applicant limiting the occupant load to one hundred four (104) persons, based upon the historical character of the building and the associated structural hardships.  The Board further understands that if there is a special event, on a limited basis, where this number would be exceeded that a firefighter detail will be provided.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by removing the exit sign at the non-required first floor door, at the direction and to the satisfaction of the Newport Fire Marshals office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly installing approved exit signs within this facility, at the direction and to the satisfaction of the Newport Fire Marshals Office.
	6  9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 6  9 by removing all unapproved storage and correcting all electrical deficiencies, at the direction and to the satisfaction of the Newport Fire Marshals office.
It is the understanding of the Board in granting the above relief 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)].