The above-captioned case was scheduled for hearing on May 8, 2007 at 1:00 P.M.  At that time, the Board reaffirmed the State Fire Marshals determination that the structure proposed to replace the original tent located at the Goat Island Marina should be classified as a tent and a temporary structure under the State Fire Code.  It was further determined that the proposed tent would be allowed to remain on site up to 180 days each year and that the steel beams and supporting structure would be able to remain on site during the entire year.  Finally, the Board directed the parties to develop a plan of action and to the Board with the plan on May 8, 2007 at 1:00 P.M.
	Accordingly, the above captioned case was most recently scheduled for hearing on May 8, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Filippi, OConnell, Blackburn, Jasparro, Preiss and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshals Christopher Kirwin and Brad Cronin of the Newport Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook in order for the Applicant to maintain the entire steel beam structure in place year round.  However, the tubular roof structure and the fabric covering the structure was to be removed after 180 days.  The motion was unanimous.

FINDINGS OF FACT
	As a result of the testimony taken during the April 24, 2007 and May 8, 2007 hearing on this matter, along with documentation submitted the Board hereby makes the following findings of fact.
	The Board finds that a tent has been seasonally utilized at the same location for several years in front of the Marina building on Goat Island in Newport.  The Board further finds that the tent has been used for an assembly occupancy such as wedding reception events.  The Board further finds that high winds in October 2006 caused the frame to crumple and effectively destroyed the tent.  The Board finds that the owner thereupon decided to improve the structural integrity of the tent to withstand the wind conditions in this area.
	The Board finds that steel and wood frame structural members will be installed on this site in order to improve the safety and durability of the seasonal use of this location.  The Board finds that during the construction of this replacement structure, the Newport Building Official and Fire Marshal were concerned as to how it should be classified and whether it should be considered as a temporary or permanent structure.  The Board finds that the Applicant plans to utilize this structure only up to 180 days each year and that the Applicant shall cease occupancy of the structure and remove the membrane covering along with the tubular roof until the following season.
	The Board finds that the State Fire Marshals Office review the proposed replacement structure and determined it to be tent and temporary structural.  Because the proposed replacement tent is situated at a location in close proximity to fuel tanks and fuel pumps utilized by the Marina, the parties prepared a plan of action in order to insure proper safeguards of the occupants of this facility from the potential hazard pursuant to the State Fire Codes.  The Board Finds that the Applicant has returned to the Board with an approved engineers plan of action to substantially reduce any dangers proposed for fuel distribution during the occupancy of the tent.	It is the understanding of the Board that all other deficiencies under the Fire Code shall be addressed by the Applicant at the direction and to the satisfaction of the Newport Fire Marshals Office.  It is further understanding of the Board that the RI Department of Environmental has directed the removal of the fuel tanks in this area 2015.  Accordingly, the Applicants plan of action to address the fuel operations shall cover the intervening period of time.
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 reaffirms the original confirmation of the State Fire Marshals determination that the proposed Structure is a tent and a temporary structure under the State Fie Code.  Accordingly, as a temporary structure, this facility can be stripped of its tubular roof and fabric roof structure and side panels after being occupied on an annual basis for a period of 180 days.  Specifically, the remaining structural supporting steel be allowed to be place beyond the 180 day period when the tent occupied.
2.	The Board hereby reaffirms its original determination that the proposed replacement structure shall be permitted to remain in use for up to 180 days each year as stated in the definition of temporary structures.
3.	The Board hereby accepts the Applicants plan of action for the safety of this facility with the following modifications.  The Board directs Applicant to remove the fuel pump dispensing unit to a position to at least twenty five (25) feet away from the proposed temporary structure.  The Board further directs the Applicant to relocate the fuel ports as proposed and to further implement the ventilation that they have been monitoring.  The Board directs the applicant to identify a location where water can be drafted at seven (7) feet and to further provide a schedule for a plan for permanent improvements at the direction and to the satisfaction of the Newport Fire Marshals Office.  Finally, the Board directs the Applicant to comply with all normal tenet requirements covering this facility during all periods it is occupied.

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)].