As indicated in the file, a hearing involving the above-captioned property was conducted on October 7, 2014 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi, Jackson, Pearson and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Scott Caron of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.
APPLICANT: Richard Nagele and Robert McCormack.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Richard Nagele (Executive Director) of Fort Adams Trust, 90 Fort Adams Drive, Newport, RI dated October 2, 2014.
3.	The Application was received by the Board and File  140126 opened on October 3, 2014.
4.	A hearing on the Application was conducted on October 7, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140126 and are pertinent to the decision rendered:

1.	Variance Application  140126 dated October 2, 2014 and filed on October 2, 2014.

EXHIBITS

The following documents were presented at the October 7, 2014 hearing as exhibits:

1.	Applicants Plan of Action (19 pages) dated October 7, 2014.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	During the October 7, 2014 hearing on this matter, the Board was advised and finds that the Applicant has proposed the creation of a haunted house special amusement occupancy to be temporarily located on the grounds and within the tunnel system of the Fort Adams State Park complex located at 100 Fort Adams Drive in Newport, RI.  The Board has further been advised and finds that this operation has been conducted annually for the past several years and had been approved by the Newport Fire Marshals Office.  The Board further finds that the proposed haunted house amusement attraction will be on the grounds and within the tunnel system of the park incorporated into the following components: Box Office, Officer Quarters, Airsoft Rifle Range and Tunnels.  The Board notes that the plan of action and variance request will be limited to the fire and life safety code requirements for the special amusement attraction of the park.
2.	The Board further finds that the facility will be provided throughout with multi-purpose dry chemical fire extinguishers throughout the attraction and that all of the event staff will be properly trained in the proper use of fire extinguishers.  The Board further finds that the event staff will also be required to take part in approved crowd management training as part of their employment.  The Board further finds that the event staff will also be responsible to read and understand a comprehensive handbook outlining protocols including, but not limited to, the roles of employees during fire emergencies, medical emergencies and power failures.
3.	The Board further finds that the special amusement occupancy will be provided with local single-station smoke alarms and additional illumination such that during an emergency event, flood lights and emergency lighting will be activated by a trained Attraction Manager or by a Safety/Security Staff Member.  The Board further finds that all emergency lighting shall be equipped with approved battery backup in case of power loss.  The Board further finds that exit marking shall be in accordance with RILSC Section 12.4.7.7.1 and that all finishes (walls, floors and all props) will be provided with an approved Class A finish.  The Board finds that smoking shall also be prohibited.
4.	The Board finds that Fort Adams Trust and the State and Newport Fire Marshals Offices have agreed to maintain two (2) Newport detailed fire fighters at the attraction, during all periods of public occupancy. It is the further understanding of the Board that the detailed fire fighters shall be equipped with two-way radios in order to immediately notify the Newport Fire Department in the event of any incident within the facility and to communicate with event staff.  It is the understanding of the Board that a third detailed fire fighter shall be assigned if deemed necessary by the State or Newport Fire Marshals Offices.
5.	The Board further finds that the temporary amusement occupancy shall be in operation for the period of October 10 through 26 during the fall of 2014. The Board finds that at the conclusion of the Halloween season, the tunnel system will be vacated and unoccupied.
6.	There is no objection by the State Fire Marshals Office or the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of RILSC Sections 12.4.7.2 and 12.4.7.4 in order to allow the Applicants not to equip the above temporary facility with automatic sprinklers and smoke detection during the period that the special amusement attraction will be operated in the fall of 2014.  In granting this temporary relief, the Board notes that the attractions shall be overseen by trained Fort Adams staff, along with RI DEM Police and detailed Newport Fire Fighters equipped with two way radio communications directly to the Newport Fire Department and event staff, as outlined above.  Further, the Board directs Fort Adams to comply with any additional safety requirements determined necessary by the State Fire Marshals Office.  Finally, the Board hereby authorizes the State Fire Marshals Office to re-approve this occupancy on a year-to-year basis with the above safeguards and any additional safety requirements deemed necessary by the State Fire Marshals Office upon an annual review of the project.  In light of the above, the State and Newport Fire Marshals Offices had no objection to the granting of this temporary relief.  .

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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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).
2.	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).
3.	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).
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4.	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)].