As indicated in the file, a hearing involving the above-captioned property was conducted on May 12, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook, Vice-Chairman Blackburn and Commissioners Booth, Filippi, Jackson, Sylvester, Thornton and Walker.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshal Octavio Vieira of the State Fire Marshals Office and Assistant Deputy State Fire Marshals Wayne Clark and Kevin Garcia of the Newport Fire Marshals Office.
APPLICANT: Robert Paquette, Mary Kay, Tricia Quest and Bruce Hobson.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Robert Paquette (Chief) of RI Parks & Recreation, 1100 Tower Hill Road, North Kingstown, RI dated April 30, 2015.
3.	The Application was received by the Board and File  150046 opened on April 30, 2015.
4.	A hearing on the Application was conducted on May 12, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Vice-Chairman Blackburn and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  150046 and are pertinent to the decision rendered:

1.	Variance Application  150046 dated April 30, 2015 and filed on April 30, 2015.
2.	State Fire Marshals Office Inspection Report dated April 15, 2015.
3.	State Fire Marshals Office Building Description Site  31 dated April 13, 2015.
4.	DEM Plan of Action dated May 12, 2015.
5.	Email from ADSFM Kevin Garcia of the Newport Fire Marshals Office dated May 11, 2015.

EXHIBITS

The following documents were presented at the May 12, 2015 hearing as exhibits:

1.	Applicants Plan of Action dated May 12, 2015.
2.	Applicants photograph package (22 photos).

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the April 15, 2015 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 12, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the April 15, 2015 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.
2.	The building is an existing 2-story assembly occupancy.
3.	The building is of Type I(442) construction and is not provided with approved sprinkler protection and does not have a compliant fire alarm system.
4.	The calculated occupant load of this facility, based upon the capacity of the existing four (4) exits, is one thousand five hundred sixty (1,560) persons.
5.	There is no objection by the State Fire Marshals Office or the Newport Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	[15-333-VN] The Board grants the Applicant a time variance until the commencement of the 2016 event season to comply with the provisions of RILSC section 7.2.5.6.2 by developing and implementing a plan of action for the installation of approved protection of ramps  1, 2 and 3 of the facility to minimize the accumulation of surface water, at the direction and to the satisfaction of the State Fire Marshals Office.
2.	[15-335-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 13.2.9.1 and 7.9.1.1 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	[15-336-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 13.2.3.6 by allowing the existing egress system to remain in use without identification of a main entrance/exit.  In granting this relief, the Board notes that there are four (4) exits distributed remotely around the perimeter of the facility.
4.	[15-338-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 13.2.10 by providing this facility with approved exit signage, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	[15-339-VN]  The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 7.8 by providing approved illumination in the egress system of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
6.	[15-340-VN]  The Board hereby grants the Applicant a variance from the provisions of RIFC section 18.5.4 and NFPA 25 (2011) section 7.3.2 by allowing the elimination of the four (4) non-functional yard hydrants.  In consideration of the relief granted herein, the Board directs the Applicant to provide one thousand (1,000) feet of five-inch (5) large diameter hose for use by the Newport Fire Department, at the direction and to the satisfaction of the State Fire Marshals Office and the Newport Fire Department.
7.	[15-341-VN]  The Board hereby grants the Applicant the time variance as set forth in item  1 to comply with the provisions of RILSC section 7.2.2.4 by providing the ramp in exit area 2 with approved handrails and guards, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	[15-329-VN]  The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.5.1 by providing allowing the existing exits at entrances 2 and 3 of this facility with headroom less than seven (7) feet to remain in use based upon a structural hardship.
9.	The Board hereby grants the Applicant the time variance as set forth in item  1 from the provisions of RILSC section 13.1.7 by allowing the maximum occupant load of this facility to be increased to two thousand five hundred (2,500) persons for special events and functions.  In consideration of the relief granted herein, the Board directs the Applicant to develop a comprehensive Life Safety Evaluation acceptable to the State Fire Marshals Office and the Newport Fire Department and return to the Board with a permanent plan of action for this facility prior to the commencement of the 2016 event season.  In addition, the Board directs that the Applicant provide uniformed firefighter details during these events as deemed necessary by the Newport Fire Department and to further comply with all related directives from that office and/or the State Fire Marshal's Office.

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).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].