A hearing involving the above-captioned case was conducted on 3/25/2014 at 1:00 P.M.  In attendance at the hearing were the following: Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Jackson, Richard, Blackburn, Burlingame and Sylvester.  Also in attendance was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The authority having jurisdiction was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  The Applicant was represented by Ms. Kathleen Staab.  A motion was made by Commissioner Sylvester and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Richard.

TRAVEL OF THE CASE

	1.  This matter was originally before the Board on June 23, 2009 at which time Decision 060674 was issued
	2.  An inspection of the above property was conducted by the Newport Fire Marshals Office on September 16, 2013 with an inspection report issuing on September 16, 2013.
	3.  The Applicant filed an application for variance on November 12, 2013 in accordance with Fire Safety Code Section 6.
	4.  The matter again appeared before the Board on February 25, 2014 at which time Decision 130184 was issued (mailing date of March 6, 2014).

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal 130184A and are pertinent to the decision rendered:

1.	Newport Fire Marshals Office Inspection Report dated September 16, 2013.
2.	Applicants plan of action dated November 12, 2013.
3.	Decision 130184.
4.	Variance Application 130184A.

FINDINGS OF FACT

	The Applicant is now before the Board seeking additional relief as it relates to Decision 130184, item 9 only.
	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).

CONCLUSIONS AND VARIANCE REQUESTS

	The Board hereby grants the Applicant a variance as it relates to Item 9 of the Decision which is hereby amended by the Board as follows:

9.  The Board hereby reaffirms the previously-granted relief and grants the Applicant a variance from the provisions of section 13.3.5.1 in order to allow the Applicant to reduce the maximum occupant load of this theater to four hundred ninety-six (496) patrons and an additional three (3) staff members in order not to provide this facility with sprinkler coverage.  The Board further directs that in accordance with a plan of action approved by the Newport Fire Marshals Office the first floor be limited to three hundred (300) persons and one hundred ninety-six (196) persons shall be permitted on the balcony level.  The Board further directs that a firefighter detail is assigned by the Newport Fire Department whenever the total occupant load of the facility is greater than three hundred (300) persons.
	In granting the above relief, it is the understanding of the Board that there is no objection by the Newport Fire Marshals Office.



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)].