The above-captioned case was scheduled for hearing on March 2, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Filippi, Walker, Preiss, Jasparro, Dias and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Raymond Gomes of the Newport Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 29, 2009 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 March 2, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the December 29, 2009 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 March 2, 2010 hearing on this matter, the Board was advised that this theater consists of three (3) screens, two being on the first floor and a third located on the second floor level.  The Board was further advised that the theater currently has an old partial sprinkler system that will be tested.  The Applicant has submitted a plan of action in which the Applicant will initially sprinkler the means of egress and the common areas of this facility and further provide a rating of the projection rooms, all at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Applicant is requesting a longer period of time in which to install a permanent sprinkler system in this facility and to be allowed to raise the occupancy accordingly,
	In light of the above, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the sprinklering of the means of egress and the common areas of this facility and for the fire rating of the projection rooms of this facility, at the direction and to the satisfaction of the Newport Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in which to implement the above plan of action and finally, provide the Newport Fire Marshal's office with the authority to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	With regard to Phase II of the Applicant's plan of action, the Board hereby grants the Applicant a time variance of thirty-six (36) months from the date of this decision in order to sprinkler the remainder of this facility, at the direction and to the satisfaction of the Newport Fire Marshal's office.  In granting this variance, the Board directs that the occupancy of this facility prior to the full sprinklering of the facility shall be maintained at three hundred (300) people.  If the Applicant wishes to exceed this amount for a special event, the Board directs the Applicant to first notify the Newport Fire Marshal's office for approval and for the placement of a firefighter detail on-site during the event.  
	Finally, it is the understanding of the Board that the Applicant maintains a municipally connected fire alarm system covering this facility.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the occupancy of the second level of this facility.  
	3-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 3 and 4 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to either provide the Newport Fire Marshal's office with certification of the carpet and wall covering of this facility or to treat those materials with approved fire retardance, at the direction and to the satisfaction of the Newport Fire Marshal's office.  In the event the Applicant is to treat the materials, the Board hereby grants the Applicant a time variance of and additional 120 days in which to correct the remainder of this deficiency.
	6-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 6 and 7 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	8.  The Board hereby grants a variance from the provisions of section 13.2.5.6.5 and its referenced standards in order to allow the Applicant to maintain the existing construction of the aisle stairs in the theater of this facility.  In granting this variance, the Board directs the applicant to comply with any additional safeguards deemed necessary by the Newport Fire Marshal's office.  
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	10.  As outlined in item 1 above, the Board directs the Applicant to provide an approved rating and separation and self-closing doors on the projection booths of this facility within the above time frames.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by addressing the cited wiring of this facility at the direction and to the satisfaction of the Newport Fire Marshal's office within a timetable established by that 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)].