The above-captioned case was scheduled for hearing on November 24, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Walker, Blackburn, Richard, Preiss, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Wayne Clark and Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Preiss.  Commissioner Walker abstained from the vote.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 3, 2007 inspection report compiled by the Newport Fire Marshals Office and a February 5, 2007 compliance plan developed by MWL Consulting.  The above inspection report and compliance plan were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the November 24, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the January 3, 2007 inspection report along with the February 5, 2007 compliance plan 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 and upgraded the fire alarm system of this facility to include a municipal radio box.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to allow the Applicant to correct deficiency 2 by providing the cited load (capacity) signs.  The Board notes that the above time line may be extended by the Newport Fire Marshal's office for good faith efforts being shown by the applicant.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 and that the Applicant shall provide staff training and certification as directed.
	4.  The Board hereby grants the Applicant a time variance as outlined in item 2 above in which to correct deficiency 4 by providing exit announcements as being standard operating procedure during events.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by creating a separate coat room for this facility.
	6.  The Board hereby grants a variance in order to allow the Applicant to reduce the occupant load of this facility to a number that reflects the actual use of this facility at one hundred fifty (150) people at the upper level and eighty-five (85) people on the lower level.  As a condition of this variance, the Applicant is directed to provide the Newport Fire Marshal's office with an approved seating chart and to maintain occupancy in accordance with that chart.  In the event that the number is projected to be exceeded for a special event, the Applicant must seek pre-approval by the Newport Fire Marshal's office and provide any additional safeguards deemed necessary by that office for the special event.  Finally, the Board grants a variance on roof protection with the limitation of occupancy and no storage within the attic of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by upgrading the fire alarm system of this facility as outlined above.
	8.  The Board grants a variance in order to allow seasonal use of the separate block building cooking area in accordance with the MWL plan of action at the direction and to the satisfaction of the Newport Fire Marshal and pursuant to the Board's understanding that there shall be no other exposures within the area of the separate block building cooking area.

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)].