As indicated in the file, a hearing involving the above-captioned property was conducted on December 9, 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, Richard, Sylvester and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal Wayne Clark of the Newport Fire Marshals Office.
APPLICANT: Timothy Wensus and Mark Stenning.

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 Timothy Wensus (consultant) of Hughes Associates, 117 Metro Center Boulevard  Suite  1002, Warwick, RI dated November 12, 2014.
3.	The Application was received by the Board and File  140146 opened on December 24, 2014.
4.	This facility was previously before the Board in 1993, 1995 and again in 1999 wherein a number of variances were granted under prior editions of the code.
5.	A hearing on the Application was conducted on December 9, 2014 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Filippi and seconded by Commissioners Booth and Richard to grant the Applicant relief as outlined herein.  The motion passed on a 6 to 0 vote with Commissioner Thornton abstaining from the vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140146 and are pertinent to the decision rendered:

1.	Variance Application  140146 dated November 12, 2014 and filed on November 24, 2014.
2.	Hughes Associates Plan of Action dated November 24, 2014.

EXHIBITS

The following documents were presented at the December 9, 2014 hearing as exhibits:

1.	Applicants photographs (2 pages)
2.	Applicants 2013 Averages By Month attendance records
3.	Applicants floor plans (3 pages)

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.	The numbers of the Decision below correspond with those of the November 24, 2014 plan of action report compiled by Hughes Associates.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the December 9, 2014 hearing on this matter.  Accordingly, the Board hereby incorporates the November 24, 2014 plan of action 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.
2.	The building is an existing 3-story multiple/mixed use (assembly, mercantile and business) occupancy.
3.	The building is of type II (200) and Type V (000) construction and is provided with partial sprinkler protection and has a compliant fire alarm system.
4.	There is no objection by the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a variance allowing the existing means of egress from the third floor of the facility to remain as currently configured, based upon existing conditions and a structural hardship. The Board notes that this relief is consistent with previously granted variances issued under prior editions of the code.
2.	The Board hereby grants the Applicant a variance setting the maximum occupant load of the second floor to be three hundred (300) persons.
3.	The Board grants the Applicant a variance allowing the existing means of egress from the second floor of the facility to remain as currently configured, based upon existing conditions and a structural hardship. The Board notes that this relief is consistent with previously granted variances issued under prior editions of the code.  In consideration of the relief granted herein, the Board directs the Applicant to provide signage at the entrance of the space designated as the USTA Room indicating that travel through this space is only for emergency purposes, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
4.	(a) The Board hereby grants the Applicant a time variance until January 1, 2017 to comply with the provisions of RILSC section 13.3.5.1 by providing the USTA exterior egress stairway and the Executive Offices porches of this facility with approved automatic sprinklers, at the direction and to the satisfaction of the Newport Fire Marshal's Office.
4.	(b) The Board hereby grants the Applicant a variance from the requirements of RILSC section 13.3.5.1 to omit sprinkler protection from the space known as the Horseshoe Piazza.  In consideration of the relief granted herein, the Board directs the Applicant to provide alternative fire alarm heat detection in this space in accordance with the timeframe set forth in section 4 (a), at the direction and to the satisfaction of the Newport Fire Marshal's Office.
5.	The Board grants the Applicant a variance allowing the existing means of egress from the basement tenant spaces of the facility to remain as currently configured, based upon existing conditions and a structural hardship. The Board notes that this relief is consistent with previously granted variances issued under prior editions of the code.
6.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.5.4.2 by allowing the existing ramp located in the restaurant tenant space to remain in use without handrails, based upon existing conditions and a structural hardship.
7.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.2.3.6.1 and 7.2.2.3.4 by allowing the existing stairways from the Executive offices porches and the Piazza to remain in use as configured, based upon existing conditions and a structural hardship.
8.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.5.2 by allowing the existing guardrails for the Piazza space to remain in use as configured, based upon existing conditions and a structural hardship.
9.	The Board hereby grants the Applicant a variance allowing the existing handrail on the Gallery 202/203 stairway to remain in use as configured, based upon existing conditions and a structural hardship.
10.	The Board hereby grants the Applicant a variance from the provisions of NFPA 13 (2010 edition) section 8.5.6.1 by allowing the existing storage configuration within the third floor vaults to remain in use as configured, based upon existing conditions and a structural hardship.  In consideration of the relief granted herein, the Board notes that these vaults are enclosed in 2-hour fire resistance rated construction and are provided with non-required fire alarm smoke detection. 

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).
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)].