The above-captioned case was scheduled for hearing on June 23, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Pearson, Jasparro, Preiss, Walker, Richard, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Wayne Clark of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Newbrook 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 an October 2, 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 23, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 2, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 and table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing stair from the projection room of this facility.  This variance is based on structural hardship in light of the limited use of this stair by persons needing access to the projection room.
	6.  The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the existing cited door width of the doors located at the rear balcony of this facility.  In granting this relief, the Board notes that this area has five (5) other exits and that the Applicant shall reduce the maximum occupancy of this occupancy as outlined in item 9 below.
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the Newport Fire Marshal's office and that the municipally connected fire alarm system has been installed.
	9.  The Board hereby grants a variance from the provisions of section 13.3.5.1 in order to allow the Applicant to reduce the occupancy of this theater to 496 patrons along with three (3) staff members in order not to provide this theater with sprinkler coverage.  The Board notes that the balcony of this theater alone has five (5) egress doors.
	10.  The Board hereby grants a variance from the provisions of section 13.7.3 and 10.3.1 in order to allow the Applicant to maintain the existing decorative fabric on the theater walls of this facility.  In granting this relief, the Board was advised by the Newport Fire Marshal's office that a field test sample had been taken and that the material that currently covers the theater walls does not support combustion.
	11.  The Board hereby grants a variance from the provisions of section 7.2.1.4.2 along with 13.2.5.6.3 and their referenced standards in order to allow the Applicant to maintain the existing door width and to further widen the egress aisles of this facility by removing seats at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board notes that these seats would be removed in order to reduce the occupancy as outlined in item 9 above.
	12.  The Board hereby grants the Applicant a time variance of sixty (60) days in order to develop a plan of action for the correction of deficiency 12.  The Board further grants the Applicant an additional 120 days in order to implement this plan of action at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board further grants the Newport Fire Marshal's office the authority to extend this and all other time variances granted the Applicant for good faith efforts being shown by the Applicant.  As part of the plan action, the Board notes that the Applicant may provide limited sprinkler coverage over the stage and other areas, at the direction and to the satisfaction of the Newport Fire Marshal's office to comply with these requirements.
	13.  The Board hereby grants the Applicant a time variance, as outlined in item 12 above, in order to correct deficiency 13 at the direction and to the satisfaction of the Newport Fire Marshals office.
	14.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 14 by providing the furnace room area with limited sprinkler coverage and a modified fire-type door installed at the direction and to the satisfaction of the Newport Fire Marshal's office.
	15.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 15 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	16.  The Board hereby grants the Applicant a time variance as outlined in item 12 above in order to correct deficiency 16 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency  18.

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)].