The above-captioned case was scheduled for hearing on September 22, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Preiss, Jasparro, Pearson, Walker, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kevin Garcia of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook and Commissioner Richard 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 September 15, 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 September 22, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the September 15, 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 September 22, 2009 hearing on this matter, the Board was presented with a September 21, 2009 plan of action letter from the City of Newport Department of Public Services Director William R. Riccio, Jr., P.E.  The plan of action called for immediate reduction of occupancy and a timetable for the fire code and sprinkler upgrades associated with the subject facility.  Accordingly, the Board hereby grants the Applicant a time variance in order to provide this facility with full sprinkler coverage in accordance with the timetable outlined in the September 21, 2009 letter from Director Riccio.  The Board hereby modifies the above September 21, 2009 letter in order to allow the Applicant to submit to the Newport Fire Marshal's Office on a case by case basis any request to increase the maximum occupancy of this facility to one hundred fifty (150) people per event provided the Newport Fire Marshal assigns a firefighter on duty until such time as the sprinklers are fully installed and activated within this facility.
	2.  The Board hereby grants a variance from the provisions of RI Life Safety Code section 8.6.6 in order to allow the Applicant to maintain the existing open staircases within this facility, provided the Applicant maintains draft stopping, at the direction and to the satisfaction of the Newport Fire Marshal, in order to prevent the rapid spread of smoke throughout this facility.  The Applicant shall provide the above draft stopping within a timetable established by the Newport Fire Marshal's office.
	3.  The Board notes that deficiency 3, travel distance, shall be moot upon installation of sprinkler coverage within this facility.

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)].