The above-captioned case was scheduled for hearing on July 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jasparro, Preiss, Jackson, Walker, Filippi and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brad Cronin of the Newport Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the Applicant has proposed the construction of a Visitors Center adjacent to the Touro Synagogue in the Newport Historic District.  The Board finds that the Visitors Center shall maintain two (2) levels.  The Board finds that the primary egress from the second level of the Visitors Center will be from an enclosed stairway leading directly to the outside.  The Board further finds that an additional interior stair has been designed for the second level of this facility.  The Board finds that the calculated occupancy for the second level at seven square foot concentrated use would be approximately one hundred (100 people).  However, the Applicant has indicated that there would generally be only thirty-five (35) people on the second level at any one time and that the facility would best be reviewed as a museum occupancy.  The Board further finds that no social events shall be allowed within this facility pursuant to a condition of the donation establishing this facility.  The Board further finds that the facility shall be made of non-combustible construction type 2.1.1.1 and that the facility shall be fully sprinklered.
	The Applicant is seeking a variance in order to not be required to enclose the second means of egress leading from the second floor of this facility.  The Board notes that the subject stairway would not be required to be enclosed if the occupancy of the second level was less than fifty (50) people.  In light of the limited use of this facility and the fact that this facility is fully sprinklered and of non-combustible construction, the Board determined that a variance to post the facility at less than fifty (50) people was appropriate in this case.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Newport Fire Marshal to post the second level of this facility at a maximum occupancy of forty-nine (49) people.  The Board notes that being under fifty people, only one approved means of egress would be required from this second floor level, and that the Applicant has maintained that approved means of egress.  Accordingly, the Board notes that the interior stairway of this facility would not be considered a required means of egress, and would therefore not required to be enclosed.

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)].