The above-captioned case was scheduled for hearing on February 24, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Preiss, Jackson and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal James Moore of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro 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 a November 20, 2006 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State and Newport Fire Marshals Offices during the February 24, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the November 20, 2006 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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 7.2.1.7 in order to allow the Applicant to provide the cited exit doors from the dining and lounge areas with approved paddle hardware at the direction and to the satisfaction of the State and Newport Fire Marshal's office.  In addition, the Board directs the Applicant to provide this area with approved signage.  Finally, the Board hereby grants the Applicant the same time variances as are outlined below in item 18 of this decision.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4.
	5.  The Board hereby directs the Applicant to correct deficiency 5 at the direction and to the satisfaction of the Newport and State Fire Marshal's offices as outlined in item 3 above.
	6.  During the February 24, 2009 hearing on this matter, the Board was advised that the unprotected storage closet under the main staircase has a smoke alarm and fire extinguisher located in the area.  The Board was further advised that the Applicant would provide this closet with an approved sprinkler head.  Accordingly, the Board hereby grants a variance from the provisions of section 7.2.2.5.3 in order to allow the Applicant to maintain this area.
	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 and State Fire Marshal's offices.
	9.  In light of the Applicants agreement to fully sprinkle this facility and the fact that this facility shall be fully alarmed, the Board hereby grants a variance from the provisions of section 7.2.2.5 in order to allow the Applicant to maintain the existing configuration and enclosure of the cited interior exit stairs of this facility.  In light of the above safeguards, it is the understanding of the Board that the Newport Fire Marshal's office has no objection to this relief.
	10.  During the February 24, 2009 hearing on this matter, the Board was advised that the cited basement area is not normally occupied by the public and that this area shall be fully sprinkled and fully alarmed.  Accordingly, the Board hereby grants a variance from the provisions of section 7.2.2.5 in order to allow the Applicant to separate the above interior stairs only at the lower level, at the direction and to the satisfaction of the Newport Fire Marshal's office, within the timeframes outlined in item 18 below.
	11.  During the February 24, 2009 hearing on this matter, the Board was advised that in the second basement there is a prep area and offices.  The Board was further advised that the prep area was primarily utilized for storage and may occasionally have one (1) employee.  The Board was further advised that this total area is between 400 and 500 square feet and shall be fully sprinkled and alarmed.  In light of the above, the Board hereby grants a variance from the provisions of section 29.2.4.1 in order to allow the Applicant to maintain the existing basement office area and prep kitchen area with a single means of egress.  However, as a condition of this variance, the Board directs the Applicant to re-swing all doors in the direction of exit travel at the direction and to the satisfaction of the Newport Fire Marshal's office within the timetable outlined in item 18 below.
	12-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 12, 13, 14, 15, 16 and 17 at the direction and to the satisfaction of the Newport Fire Marshal's office.
	18.  During the February 24, 2009 hearing on this matter, the Board was advised that the exterior patio outside the dining and bar lounge area has an exterior roof or canopy constructed of combustible material and measuring approximately 46 feet by 46 feet in area.  The Board was further advised that this area did not have sprinkler protection.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to develop a plan of action and thirty (30) additional days to submit and have that plan of action approved and an additional 120 days to comply with the above plan.  The Board further notes that the above plan shall be either for sprinklering the outside patio area as outlined above or separating the structures and redirecting the egress at the direction and to the satisfaction of the Newport Fire Marshal's office.  
	19-34.  It is the understanding of the Board that the Applicant has corrected deficiencies 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 at the direction and to the satisfaction of the Newport Fire Marshal's 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)].