The above-captioned case was originally scheduled for hearing on October 4, 2005 at 1:00 P.M. At that time, the Board determined that this facility should be reviewed, on site, by a subcommittee. The subcommittee conducted their review of the facility on Tuesday, October 11, 2005 at 1:00 PM. 
	The subcommittee consisted of Vice Chairman Coutu, Commissioner Richard,  Commissioner Preiss, Commissioner Evans along with the Executive Director. The fire service was represented by Chief McCarthy, Captain Tobin, Acting Fire Marshal Hallgring and other members of the Newport Fire Marshals Office. The Applicant had eight (8) representatives on site for the subcommittee review.
The above-captioned case was thereupon re-scheduled for hearing on October 18, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Blackburn, Newbrook, Evans, Burlingame and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Harry Hallgring of the Newport Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by 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 an October 4, 2005 inspection report, compiled by the Newport Fire Marshals Office along with the response by MWL Consulting. The above report and response were utilized by the Board, the Applicant and the Newport Fire Marshals Office during the October 11, 2005 on-site subcommittee review and the follow-up October 18, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the October 4, 2005 report and the MWL Consulting response, 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.	The Board hereby grants a variance from the provisions of section 13.1.6 in order to allow the Applicant to maintain the listed construction type of this historical building by limiting the Assembly occupancy of this facility to only the first floor. In granting this relief, it is the understanding and direction of the board that the second floor of this facility shall be limited to locker rooms with a maximum of thirty-two (32) occupants and that the third floor shall also be limited to a locker room with a maximum of sixteen (16) people. It is the further understanding and direction of the Board that the owner shall protect this facility with a Board-approved high pressure mist system and an approved municipally connected fire alarm system. Finally, the owner shall advise the Newport Fire Marshals Office, in advance, of any special events and shall further provide any additional safeguards deemed necessary by the Newport Fire Marshals Office for these special events.
2.	The Board hereby grants a variance from the provisions of section 13.1.7 in order to allow the Newport Fire Marshals Office to base the occupant load of this facility on the separated assembly space located on the first floor of this facility.  
3.	The Board hereby grants a variance from the provisions of section 13.2.1, Chapter 7, and their referenced standards, in order to allow the owner to maintain the existing hardware and door swing of the main entrance door and the doors designated as exits from the north and south wings of this facility. In granting this variance, the Board directs that the owner shall maintain the main exit doors open during any event projected to exceed fifty (50) people unless otherwise approved by the Newport Fire Marshal. The Board further directs that a Newport Firefighter, equipped with a two-way radio, shall be assigned to oversee any event projected to exceed one hundred fifty (150) people. As a further condition of this variance, the Board directs that the two (2) doors from the Ballroom shall be re-hung to swing in the direction of exit travel and to be further equipped with antique or period type hardware acceptable to the Newport Fire Marshals Office. Finally, the Board directs the owner to provide approved exit signage at the ballroom doors and for any event exceeding one hundred people, announcements will be made that those doors can be used in an emergency. 
	The Board hereby grants a variance from the provisions of sections 13.2.2.3, 7.2.2 and their referenced standards, in order to allow the owner to reconstruct the main ornamental stairway, the newly constructed stairway from the second to the third floor, the historic handrails and guardrails at the direction and to the satisfaction of the Newport Fire Marshals Office in accordance with the proposed plans submitted to the Newport Fire Marshals Office. 
	The Board hereby grants a variance from the provisions of section 7.2.2.5 in order to allow the Applicant to maintain the open stair from the first to the second floor of this facility. In granting this relief, the Board notes that those who egress from the third floor will pass through rated self-closing doors which separate the third level from the second level. The Board further notes that those on the second floor will pass through a smoke barrier, equipped with self closing doors, into a lobby that leads down to the level of exit discharge. The Board further notes that the maximum travel distance from the third level is less than one hundred (100) feet and that the Applicant shall provide the addressable fire alarm system with an approved smoke detection (VESDA) air sampling system in the  main stairway and the surrounding central area at the direction and to the satisfaction of the Newport Fire Marshals Office. Finally, there shall be no overnight occupancy at this facility and the Board notes that there are balcony areas on the second level that can be accessed by the fire department. 
4.	The Board hereby directs that the Applicant address the usable spaces within the exit enclosures, by complying with the fire code, at the direction and to the satisfaction of the Newport Fire Marshals Office, before re-occupancy of this facility.
5.	The Board hereby grants a variance from the provisions of section 7.4 in order to allow the Applicant to maintain one approved means of egress from the second and third levels of this facility. This variance is granted pursuant to the limited occupancy, the approved mist suppression system, the fire alarm upgrades, the emergency exit areas, the absence of overnight occupancy, and the fact that no one shall be allowed in these areas during events. 
	As a condition to this variance, the Board directs that the above-referenced smoke detection system be extended into the buildings wings if deemed necessary by the Newport Fire Marshals Office. The Board further directs that the Applicant provide a partial smoke curtain in the central area, to trap smoke, at the direction and to the satisfaction of the Newport Fire Marshals Office. 

STATUS OF DECISION AND APPEAL RIGHTS
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)].