The above-captioned case was scheduled for hearing on June 29, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Richard, Jackson, Preiss, Filippi, Dias and Walker 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 Richard and seconded by Commissioner 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 January 10, 2007 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 June 29, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 10, 2007 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the June 29, 2010 hearing on this matter, the Board was advised that this facility maintains a seasonal occupancy during the period of approximately between Memorial Day and the first weekend of October.  The Board was further advised that during the months of July and August, the Applicant typically serves members dinner.  The Board was further advised that the main door of this facility swings opposite to the direction of egress travel.  However, there are four (4) other means of egress from the main room of this facility.  
	In light of the above, the Board hereby grants the Applicant a variance from the provisions of section 7.2.1.4.2 in order to allow the Applicant to maintain the existing swing and lack of panic hardware on the main door of this facility.  In granting this relief, the Board directs that the applicant maintain the main door open during all assembly occupancy or alternatively, provide a crowd control manager to be stationed at the main door to open it immediately upon activation of the fire alarm system or other emergency.  In granting this variance, the Board notes that the Newport Fire Marshal's office has no objection in light of the four (4) additional means of egress from the main room of this facility.
	2.  It is the understanding of the Board that, with the exception of the main door granted relief in item 1 above, that all other egress doors have been equipped with approved panic hardware installed at the direction and to the satisfaction of the Newport Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the means of egress with proper illumination at the direction and to the satisfaction of the Newport Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the approved separation outlined in the Newport Fire Marshal's January 10, 2007 inspection report.
	5.  It is the understanding of the Board that deficiency 5 is moot in light of the current occupancy restrictions on the assembly occupancy of this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved trained crowd managers.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by properly posting the assembly occupancy of this facility.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing proof of flame spread resistance on all fabrics within this facility at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshal's office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by addressing the location of the dumpster of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by addressing the electrical issues within this facility at the direction and to the satisfaction of the Newport Fire Marshal's office.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing this facility with approved fire extinguishers properly mounted and certified.
	14.  During the June 29, 2010 hearing on this matter, the Board was advised that the occupancy of this facility is limited to private members and guests, that there is no rental of this facility to outside people, and that it is utilized only on a seasonal basis.  The Board was further advised that the Applicant has agreed to cap the maximum occupancy of this facility at 269 people based on fifteen square feet per person and that the Newport Fire Marshal's office has no objection.  The Board notes that the occupancy of this facility could be temporarily increased up to three hundred (300) people with special permission of the Newport Fire Marshal's office for special events.
	In light of the above, the Board hereby grants a variance from the provisions of section 23-28.6-21 and its referenced standards in order to allow the Applicant to maintain occupancy of this facility at 269 people and never to increase the occupancy of this facility during special events to more than 300 people.  In the event the Applicant wishes to exceed the standard occupancy of 269 people for a special event, the Applicant must first receive special permission from the Newport Fire Marshal and comply with all additional safeguards deemed necessary by the Newport Fire Marshal's office for that special event.

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)].