The above-captioned case was scheduled for hearing on February 17, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Blackburn, Richard, Jackson, Preiss, Dias and Jasparro were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion, covering buildings 1 and 2, was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.  The second motion, covering building 3, was made by Vice Chairman Newbrook and seconded by Commissioners Jasparro and Dias.  The second motion was also unanimous.

FINDINGS OF FACT
	The initial numbers of the Decision, covered under the caption of buildings 1 and 2, correspond with those of a September 11, 2006 inspection report compiled by the State Fire Marshals Office.  The second group of numbers of the decision below, under the caption of building 3, correspond with those items in a June 28, 2007 inspection report compiled also by the State Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the February 17, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates both the September 11, 2006 and the June 28, 2007 inspection reports 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 
40 Safari Road, Buildings 1 and 2
1.	During the February 17, 2009 hearing, the Board was advised that these campground buildings maintain a limited seasonal occupancy.  The Board was further advised that Building 1 is approximately 2,096 square feet in total area and that Building 2 is approximately 2,714 feet in total area.  The Board was further advised, by the Applicant and the State Fire Marshals Office, that the Applicant would lock all of the overhead doors in the open up position during all hours of occupancy.  The Board was further advised that neither building would maintain occupancy in excess of forty-nine (49) people at any one time, and that generally the buildings only have a handful of people.  The Board was further advised that the Applicant would provide emergency lights and exit sign combinations in both buildings at the direction and to the satisfaction of the State Fire Marshals Office.  The Board was further advised that the Applicant would be provided with a crowd management checklist approved by the State Fire Marshal and the local AHJ and would attend crowd control classes.  In light of the above and the seasonal nature of this occupancy period, the Board hereby grants a variance from the provisions of section 13.8.9.1.5.1 and its referenced standards in order to allow Buildings 1 and 2 not to be provided with local fire alarm systems.
2.	The  Board hereby directs the Applicant to correct deficiency 2 by providing both buildings 1 and 2 with approved illuminated exit signage in the main part of building 1 and the store area of building 2 at the direction and to the satisfaction of the State Fire Marshals Office prior to re-occupancy of these buildings.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing buildings 1 and 2 with approved emergency lighting prior to re-occupancy of the buildings.
4.	The Board hereby directs the Applicant to provide buildings 1 and 2 with approved fire extinguishers installed and maintained at the direction and to the satisfaction of the State Fire Marshals office prior to re-occupancy of these buildings.
5-9. It is the  understanding of the Board that the Applicant has corrected deficiencies 5,6, 7, 8 and 9 at the direction and to the satisfaction of the State Fire Marshals Office.
10.  The  Board hereby grants a variance from the provisions of section 13.2.2.2.3 in order to allow the Applicant to maintain the doors on buildings 1 and 2 without panic hardware in light of the requirements outlined in item 1 and limitations of occupancy.
40 Safari Road, Building 3
1.	The Board notes that the total square footage of the pavilion which is building 3 is 1,696 square feet.  The Board notes that this facility has open sides and wooden roof and is on slab concrete.  Finally, the Board notes that this building is seasonally occupied with very limited occupancy.  Accordingly, the Board hereby grants a variance from the provisions of section 13.8.9.1.5 in order to allow this open-air pavilion to be maintained without a local fire alarm system.
2.	The Board hereby grants a variance in order to allow the Applicant to maintain temporary exit signage during all hours of occupancy.
3.	The Board hereby grants a variance in order to allow the Applicant to maintain approved temporary lighting in this open-air pavilion during all hours of occupancy.
4.	The Board hereby directs the Applicant to provide this facility with approved portable fire extinguishers during all hours of occupancy.  In the event the Applicant has an open fire in or around this facility, the Applicant is further advised to provide this area with a charged water hose to effect immediate suppression if necessary.  All other corrections shall be made to this facility prior to re-occupancy for the season.

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)].