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 Dias and seconded by Commissioner Preiss 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 June 10, 2010 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 June 10, 2010 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 by the Applicant that he maintains a seasonal business with sufficient egress from each level.  The Board was further advised that the first floor level of this facility exits directly to grade and that the rear of the second floor of this facility also exits directly to grade to a rear parking lot.  The Board was further advised that the occupancy of this facility has temporarily been increased by the addition of a canopy covering a second floor deck.  The Board was further advised that the Applicant would provide the Newport Fire Marshal's office with an approved flame spread rating of the canopy.
	The Board was further advised that the Newport Fire Marshal's office had no objection to the granting of a variance on the sprinkler requirements due to minimum construction requirements of the second level in light of both the unique configuration and the limited occupancy of this facility.  However, the Board notes that the requested relief would be limited to this owner based on maintenance of his current occupancy of the space.  
	In light of the above, the Board hereby grants a variance from the provisions of section 13.1.6 and table 13.1.6 (construction limitations) in order to allow the Applicant to maintain the current occupancy of the second floor of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office without providing additional sprinkler coverage.  In granting this relief, the Board notes that the second floor exits directly to grade in the rear and that the Applicant shall provide a panic bar on the gate covering the means of egress of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office.
	Finally, the Board notes that this variance will be limited to the current owner of this facility and be based on the current occupancy of this facility not changing.  In the event the Applicant sells this facility, the new owner would have the option of returning to the Board for the above relief with his/her own plan of action for fire safety.
	2.  During the June 29, 2010 hearing on this matter, the Board was advised that the third floor of this facility does not maintain assembly occupancy, that the first floor of the facility has approximately fifty-three(53) people and that the second floor has approximately forty-three (43) people.  Accordingly, the Board hereby grants a variance from the provisions of section 7.4.1.1 in order to relieve the Applicant of the second means of egress requirement provided the Applicant upgrades the egress of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office within a timetable established by that office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved illuminated exit signs.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing this facility with approved emergency lighting.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by correcting the stairs to the third floor of this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly updating the fire extinguisher coverage within this facility.

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)].